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TY  OF  CALIFORNIA 


THE. 


WHITE  GARS 


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A     HISTORY         OF     THE 

ORGANIZATION 

C~6UNTY 


THE 


WHITK-CAPS: 


A  HISTORY 


Of  the  Organization  in  Sevier  County. 


E.  W.  CROZIER,  PUBLISHER. 


ILLUSTRATED. 


KNOXVILLE,  TENN.: 

BEAN,  WARTEKS  &  GAUT,  PRINTURS  AND  BINDERS. 
1899. 


Copyrighted  1899. 
All  rig-hts  reserved  by  E.  W.  CROZIER. 


INDEX. 


Chapter.  I'ag-e. 

I.  Origin  of  the  Organization 9 

II.  Plan  of  Work 14 

III.  Progress  and  Growth  of  the  Order 17 

IV.  The  Blue  Bills 20 

V.  Warfare  Between  the  Blue  Bills  and  White-caps  .    23 

VI.  White-caps  in  Court 29 

VII.  Crimes  Multiply  and  Increase  in  Magnitude  .    .    37 

VIII.  A  Refuge  for  Criminals  of  all  Classes 42 

IX.  Decay  and  Disintegration 44 

X.  "A  Daniel  Come  to  Judgment" 52 

XI.  Some  of  the  Results  which  Followed  White-cap- 
ping in  Sevier  County 59 

XII.  Thomas  H.  Davis 69 

XIII.  The  Murder  of  Bruce  Lewellen 81 

XIV.  The  Murder  af  Eli  Williamson 84 

XV.  Battle  near  Henderson's  Springs 86 

XVI.  The  Murder  of  Tom  Gibson 93 

XVII.  The  Murder  of  Aaron  Me Mahon 98 

XVIII.  Capture  of  Green  and  Hendricks 109 

XIX.  Capture  of  George  Thurmer 115 

XX.  The  Murder  of  William  and  Laura  Whaley  .    .    .118 

XXI.  Molly  Lillard  Whaley  (poetry) 133 

XXII.  Trial  for  the  Murder  of  Laura  Whaley 136 

XXIII.  Trial  for  the  Murder  of  William  Whaley  .    .    .    .  142 

XXIV.  Pleas  Wynn 145 

XXV.  J.  Catlett  Tipton 148 

XXVI.  W.  R.  Catlett 157 

XXVII.  M.  F.  Maples    .' 165 

XXVIII.  The  Robbery  of  John  Burnett 170 

XXIX.  The  Robbery  of  Andrew  Henderson 176 

XXX.  Whipping    of    Mrs.    Mary    Breeden    and    Her 

Daughters 180 

XXXI.  Retributive  Justice , 191 

XXXII.  Detectives  Reeder  and  McCall 197 

XXXIII.  Trial  of  W.  R.  Catlett 199 


446071 


ILLUSTRATIONS. 


Page. 

Judge  T.  A.  R.  Nelson 40 

Attorney  General  E.  F.  Myuatt 56 

Deputy  Sheriff  Thos.  H.  Davis -72 

Assistant  Attorney  General  R.  E.  Mynatt 88 

Green  and  Hendricks 107 

Cabin  on  the  Wynn  Farm 123 

Scene  of  the  Murder 128 

Molly  Lillard  Whaley .  133 

Laura  Whaley 137 

Lizzie  Chandler 139 

Pleas  Wynn 145 

J.  C.  Tipton 148 

Sheriff  M.  F.  Maples 168 

Detective  C.  W.  McCall 184 

Detective  C.  A.  Reeder    .  .  2co 


PREFACE. 


The  pages  of  this  book  have  been  written,  some  of  them 
by  active  participants  in  the  scenes  herein  portrayed,  and 
others  by  persons  who  were  in  a  position  to  obtain,  in  detail, 
accurate  and  reliable  information. 

This  book  is  the  first  advance  made  in  this  section  of  the 
country  by  the  hardy  sous  of  toil  on  the  reading  public,  and 
its  capitulation  may  be  looked  for  if  the  public  should  prefer 
facts  revealed  in  the  plain,  uncouth  garb  of  an  unstudied 
dialect  rather  than  smooth,  flowing  sentences  and  well- 
rounded  periods  of  glittering  generalities  based  on  false  or 
imaginary  premises. 

The  fondness  of  the  people  for  reading,  aided  simply  by  a 
rudimentary  education,  is  developing  a  common  ability  to 
express  in  a  few  plain  words  the  thoughts  in  our  minds.  And, 
everything  considered,  having  something  to  write  about  is, 
after  all,  of  more  importance  than  the  manner  of  writing  it. 

The  hardy  mountaineer,  whose  life  is  spent  wrestling  with 
the  forces  of  nature  and  who  comes  in  daily  contact  with 
nature's  works,  may  have  ideas,  though  in  a  crude  state,  of 
more  intrinsic  value  than  he  who  knows  only  the  artificial 
life  of  the  city  and  the  intrigues  and  turmoils  of  an  artificial 
humanity  which 

"  *  Never  uses  God's  name  except  for  gain, 
And  therefore  never  takes  His  name  in  vain,'' 

and  which  finds  that  philanthropy  converted  into  five  per 
cent,  bonds  is  a  paying  investment. 

Crime  in  the  country,  to  a  great  extent,  is  the  result  of 
unrestrained  natural  propensities— the  animal  in  man — while 
crime  in  the  city,  in  too  many  cases,  is  the  fruit  of  minds 
diseased  by  pampered  living  and  a  false  education,  which 

"*  Hamper  and  entang-le  onr  souls  and  hinder  their  flig-ht  upwards." 

While  some  chapters  in  the  present  volume  contain  harrow- 
ing scenes  of  savage  cruelty,  affording  us  a  glimpse  into  the 


6  THE    WHITE-CAPS. 

depths  of  human  depravity,  others  exhibit  those  inate  quali- 
ties of  love,  mercy  and  truth  which  are  slowly  but  surely 
civilizing  man  and  which  are  our  only  shield  and  protection 
against  the  demon  of  evil  in  our  nature.  Especially  is  it 
shocking  to  the  moral  sense  to  recognize  the  fact  that  the 
cruel  deeds  herein  related  were  committed  in  behalf  of  and 
for  the  sake  of  "good  morals." 

We  are  taught  the  valuable  lesson  that  the  injunction, 
"Judge  not,  that  ye  be  not  judged,"  'should  be  as  strictly 
observed,  as  the  commandment,  "  Thou  shalt  not  commit 
adultery"  ;  for  only  "He  that  is  without  sin  among  you"  is 
privileged  to  "  first  cast  a  stone." 

Every  citizen  should  obey  the  law,  no  matter  what  its  defects 
or  imperfections,  until,  by  the  exercise  of  the  elective  fran- 
chise, he  can  remedy  those  defects  or  imperfections  through 
the  properly  constituted  authorities ;  above  all,  should  he 
take  care  that  the  authorities  themselves  are  capable,  cour- 
ageous and  law  abiding. 

Of  the  many  defects  in  our  civil  law,  the  "  law's  delay  "  seems 
to  be  the  most  exasperating  to  the  good  citizen  ;  yet  experience 
and  observation  teach  us  that  all  law,  both  human  and  divine, 
move  along  with  a  mysterious  tardiness  that  puzzles  our  com- 
prehension, unless  it  be  that  deliberation  is  an  essential 
requisite  of  perfection. 

Thousands  of  years  have  passed  since  the  foundations  of 
the  earth  were  laid,  and  it  is  not  yet  completed.  Nineteen 
hundred  years  ago  the  herald  angels  shouted  the  glad  tidings, 
"  Peace  on  earth ;  good  will  toward  men  ;  "  yet  there  is  no 
peace,  nor  has  been  all  these  years,  and  "  good  will  toward 
men  "  is  not  the  universal  rule,  though  it  is  encouraging  to 
note  individual  exceptions. 

A  perusal  of  the  following  pages  will  confirm  once  again 
the  many  proofs  in  the  annals  of  human  affairs  that  organi- 
zation, no  matter  what  its  character,  rather  retatds  than  expe- 
dites the  object  and  purpose  of  law,  if  that  object  and  purpose 
be  clemency  and  justice,  based  upon  righteousness  and  truth. 

If  any  organization  is  necessary  to  strengthen  the  weak 
against  the  strong,  the  few  against  the  many,  the  good  against 
the  bad,  it  is  only  a  question  of  time  when  the  strong,  the 


THE   WHITE-CAPS.  7 

many  and  the  bad  will  dominate  and  control  that  organization, 
and  thereby  enslave  those  who  originated  it. 

In  reality,  it  is  the  individual  who  improves  and  advances; 
and  society  keeps  pace  with  his  improvement. 

The  individual  furnishes  the  brains  of  the  world  :  indi- 
vidual effort  does  the  work  of  the  world.  Organization  man- 
acles his  will  power,  retards  his  efforts  and  places  a  padlock 
on  his  mind. 

These  thoughts  have  been  suggested  and  are  supported  by 
the  facts  detailed  in  this  book. 

A  few  good  citizens  of  Sevier  county,  desirous  of  ridding 
the  county  of  a  certain  lawless  element,  and  disgruntled  at 
the  dilatoriness  of  legal  methods,  determined  to  take  the 
law  into  their  own  hands,  and  by  summary  punishment  eradi- 
cate the  crime  or  exterminate  the  criminal.  This  desire  led  to 
the  formation  of  the  order  called  "White-caps." 

The  object  of  this  organization  made  it  popular  with  some 
of  the  better  element,  who  aided  and  abetted  the  movement. 

But,  lawless  in  its  inception,  it  was  soon  dominated 
by  the  lawless  element  against  which  it  was  formed.  The 
good  citizens,  instead  of  restoring  law  and  order,  became  the 
servants  and  tools  of  disorder  and  mob  violence. 

After  two  years  of  white-capism  another  organization  was 
formed  to  "  down"  the  "  White  caps,"  called  "  Blue  Bills." 

For  one  year  longer,  the  warfare  waged  between  these  two 
factions  kept  the  county  in  a  continual  state  of  fear  and  frenzy. 
Lawlessness  was  rampant.  The  administration  of  justice  was 
a  farce.  The  execution  of  the  law  seemed  impossible. 

Finally  the  efforts  of  a  single  individual,  brave,  indefatiga- 
ble and  prompted  only  by  a  sense  of  duty,  adopting  legal 
methods  and  sustained  by  a  fearless  judge  and  district  attor- 
ney, accomplished  what  two  organizations  failed  to  do — re- 
stored good  order  and  re-established  the  supremacy  of  the  law 
in  the  good  county  of  Sevier. 

It  is  to  the  individuality  of  such  men — men  of  character, 
courage  and  convictions — that  the  United  States  owes  her 
greatness,  society  its  progress  and  man  his  advancement. 

THE  PUBLISHER. 


Signs  and  Oath  of  the  White-cap 
Organization. 


Passing  the  right  hand  over  the  right  cheek  indicated  "  I 
am  a  White-cap."  Passing  the  left  hand  over  the  left  cheek 
answered,  "So  am  I." 

Subsequently  the  following  signs  were  substituted  :  The 
challenge  sign  by  placing  the  right  forefinger  on  the  tip  of  the 
chin,  and  answered  by  placing  the  left  forefinger  on  the  chin. 


THE  OATH. 

I  do  solemnly  swear  before  God  and  man  that  if  I  reveal 
anything  concerning  our  organization  or  anything  we  may  do, 
the  penalty  shall  be  to  receive  one  hundred  lashes  and  leave 
the  county  within  ten  days  or  be  put  to  death.  Now  I  take 
this  oath  freely  and  voluntarily,  and  am  willing  to  abide  by 
the  obligation  in  every  respect.  I  further  agree  and  swear 
before  God  that  if  I  reveal  anything  concerning  our  organi- 
zation, I  will  suffer  my  throat  to  be  cut,  my  heart  to  be  shot 
out  and  my  body  to  be  burned  ;  that  I  will  forfeit  my  life,  my 
property  and  all  that  I  may  have  in  this  world  and  in  the 
world  to  come :  So  help  me  God. 


THE  WHITE-CAPS. 


CHAPTER  I. 

ORIGIN   OF   THE   ORGANIZATION. 

White-capping  has  become  a  part  of  the  history  of 
Sevier  county,  and  the  man  who  would  undertake  to 
write  a  true  history  of  the  county,  without  devoting  at 
least  one  chapter  to  this  subj'.ct  would  be  guilty  of  an 
omission  unpardonable  in  the  writer. 

We  do  not  propose  to  write  a  history  of  the 
county,  but  in  as  much  as  the  following  chapters  in  this 
book  are  all  more  or  less  connected  with  and  traceable 
to  this  wicked  and  lawless  organization  we  deem  it 
proper  at  this  juncture  to  give  a  brief  history  of  it. 

White-capping  had  its  origin  in  Sevier  county  with  a 
class  of  people  whose  intentions  were  good ;  and  while 
they  knew  it  was  a  violation  of  law,  they  persuaded 
themselves  that  it  was,  to  say  the  worst  of  it,  only  a  mild 
violation,  and  a  pardonable  step  to  take,  in  order  to 
right  an  existing  evil. 

In  Sevier  county,  like;  all  other  counties,  there  are 
citi/.en,s,  whose  morals  aretn,otas  good  as  they  ought  to  , 
be;  men  and  women  whose  habits  are  lewd  and  who 
live  adulterous  lives.  It  is  always  unfortunate  for  any 
community  to  number  among  its  citizens  persons  of 
this  character.  And  while  it  is  and  has  always  been  a 
violation  of  law,  in  Tennessee  for  people  to  live  in  adul: 


10  THE  WHITE-CAPS. 

tery,  yet  that 'law  has  not  always  been  efficacious  in 
protecting  the  good  and  punishing  the  bad.  The  evil- 
doer seeks  in  every  way  to  evade  the  law  and  conceal 
his  deeds  from  those  who  are  likely  to  be  called  upon 
to  testify  against  him.  In  this  way  the  law  is  cheated. 
Indictments  if  found  are  not  sustained;  the  guilty  go 
unpunished  and  society  suffers.  In  this  regard'  Sevier 
county  has  not  been  an  exception. 

About  the  year  1892,  certain  communities  in  Sevier 
county  had  become  infested  with  lewd  characters 
whose  conduct  was  very  obnoxious  to  the  good  citi- 
zens, and  after  repeated,  but  unsuccessful  efforts  by  le- 
gal methods  to  punish  these  evil-doers  in  the  courts, 
the  good  citizens  became  disheartened,  feeling  that  the 
law  was  not  furnishing  that  protection  to  society  that  it 
should.  Thereupon  certain  persons,  with  good  inten- 
tions, but  mistaken  judgments  and  more  unwise  than 
they  then  thought,  began  to  discuss  the  advisability  of 
getting  rid  of  the  immoral  characters  above  referred  to 
by  some  other  method  than  through  the  courts — the 
only  legal  channels. 

After  some  consultation  and  discussion  among  a  few 
persons,  who,  if  not  the  best  citizens,  were  neverthe- 
less, recognized  as  law-abiding  men,  an  agreement  was 
reached  to  notify  in  writing  such  immoral  characters 
as  they  wished  to  get  rid  of  that  they  must  leave  the 
community  within  a  certain  time  or  they  would  be  pun- 
ished by  a  severe  whipping  laid  upon  their  backs  with 
hickory  withes.  The  notices  were  accordingly  given 
by  posting  them  upon  the  doors  of  those  to  whom  di- 
rected and  signed  "White-Caps."  Often,  and  gener- 
ally, a  bundle  of  hickory  withes  was  also  deposited  at 


THE   WHITE-CAPS.  II 

the  door  or  about  the  house,  as  an  additional  warning 
of  what  might  be  expected  to  follow,  if  the  notice 
should  be  disregarded. 

About  the  date  above  referred  to,  after  similar  no- 
tices had  been  given  to  some  lewd  women  living  in 
Emert's  Cove  in  the  upper  end  of  Sevier  county,  which 
notices  had  been  unheeded,  the  first  White-cap  raid  was 
made.  Some  half  dozen  women  were  whipped  by 
masked  men  and  notified  to  quit  the  community  at 
once  or  like  punishment  would  follow  with  increased 
severity.  Most  or  all  of  said  women  did  leave  and  went 
to  Knoxvile  and  other  places,  and  the  good  people  of 
Emert's  Cove  felt  that  it  was  a  happy  riddence.  They 
spoke  approvingly  of  the  act,  thinking  little  of  the  in- 
fluence that  such  an  attempted  correction  of  evils 
would  ultimately  have  in  the  community. 

So  on  the  surface  there  seemed  to  be  a  wave  of  ap- 
proval of  the  first  effort  at  White-capping  in  the  county, 
and  those  who  were  engaged  in  it  felt  emboldened  to 
take  a  second  step.  But  after  several  raids  had  been 
made,  and  lone  and  unfortunate  women  whipped  and 
driven  from  their  homes  at  night,  some  with  little 
children,  there  at  once  arose  a  feeling  of  resentment  and 
oposition  to  this  method  of  administering  punishment 
even  to  those  who  were  known  to  be  living  in  violation 
of  law  and  whose  example  was  detrimental  to  good 
society.  And  the  boldness  and  brutality  which  at- 
tended some  of  the  whippings  soon  brought  prosecu- 
tions against  suspected  persons.  Generally  these 
prosecutions  were  commenced  before  justices  of  the 
peace.  By  reason  of  the  fact  that  the  White-caps  went 
masked,  it  was  very  difficult  to  identify  them  with  any 


reasonable  Certainty,  but  occasionally  one  of  the  parties 
charged  would  be  bound  to  court. 

As  the  opposition  to  this  new  method  of  kukluxing 
increased,  those  engaged  in  it  felt  that  they  needed 
greater  security  from  detection,  and  if  detected  or 
charged  with  any  of  the  offences  they  would  be  in 
greater  need  of  those  who  would  stand  by  and  help 
them  make  their  defences  in  the  courts.  Hence  an  or- 
ganization was  formed,  known  as  the  White-cap  or- 
ganization for  their  better  protection,  offensive  and  de- 
fensive. While  the  writer  does  not  know  what  were 
the  provisions  contained  in  the  constitution  and  by- 
laws of  the  organization  nor  whether,  in  fact,  they  had 
any  written  code  of  laws,  yet  it  is  known  that  they  did 
have  certain  rules  and  regulations  which  were  to  gov- 
ern and  control  them. 

Of  course  it  was  intended  to  be,  and  was  so  tar  as 
they  could  make  it,  a  secret  organization.  Regular 
initiations  took  place  for  new  membership  into  the 
mystic  order.  One  of  the  chief  features  of  the  order 
was  the  iron-clad  oath,  or  obligation  that  the  member 
took  upon  himself  when  he  joined.  It  was  adminis- 
tered under  solemn  and  even  threatening  circum- 
stances. When  a  person  wanted  to  join  he  gave  his 
name  to  one  who  was  known  to  belong  to  the  order, 
who  proposed  his  name.  The  time  and  place  of  initia- 
tion was  fixed  and  the  applicant  informed.  At  the  ap- 
pointed time  and  place,  which  was  always  at  night  and 
generally  at  the  home  of  some  White-cap  the  would-be 
member  was  duly  catechised  by  the  "Chief  Mogul"  or 
"High-Cockilorum"  of  the  order  as  to  his  fitness  for 
the  duties  which  a  member  of  so  important  an  order 


THE   WHITE-CAPS,  t$ 

and  the  hazardous  undertaking  in  which  he  was  about 
to  embark,  required.  If  after  examination  he  was 
found  worthy,  he  was  then  told  to  stand  up  and  let  the 
oath  be  administered.  The  applicant  would  then  be  im- 
mediately surrounded  by  members  of  the  order  with 
drawn  pistols,  two  of  which  would  be  cocked  and  pre- 
sented at  his  breast  while  the  oath  was  being  adminis- 
tered. After  this  the  right  hand  of  fellowship  was  ex- 
tended to  the  new  made  brother,  and  he  was  pro- 
nounced a  full-fledged  member. 

While  the  exact  wording  of  the  obligation  has  never 
found  its  way  beyond  the  secrets  of  the  order,  yet  some 
of  its  provisions  have  become  well  known.  For  in- 
stance, the  oath  bound  them  tq  stand  by  the  order,  and 
each  and  all  of  its  members  and  to  never  make  known 
by  word,  sign  or  token,  any  of  the  secrets  of  the  order 
under  penalty  of  certain  death.  If  any  member  violated 
his  obligation  or  betrayed  the  order  or  any  member 
thereof  or  gave  information  of  any  of  their  movements 
or  raids,  then  two  of  the  members  of  the  organization 
were  to  be  selected  by  lot  whose  duty  it  was,  under 
their  oath,  to  put  the  "traitor"  to  death.  Some  of  the 
mysterious  murders  which  afterwards  occurred  in  Se- 
vier  county  are  traceable  to  no  other  source  and  can  be 
accounted  for  in  no  other  way,  as  will  be  seen  by  read- 
ing some  of  the  succeeding  chapters  of  this  book. 


CHAPTER  II. 

PLAN   OF   WORK. 

After  a  regular  organization  had  been  effected  in  the 
county  the  White-caps  felt  that  they  were  now  much 
more  secure,  if  not  entirely  protected,  in  their  midnight 
work.  The  whipping  of  men  and  women  became  more 
common.  The  order  grew  in  popularity  and  member- 
ship until  it  had  invaded  several  of  the  districts  and 
sections  of  the  county,  chief  among  these  places  were 
the  Flat  Creek  section,  in  the  northern  part  of  the 
county,  Catlettsburgh  vicinity,  Pigeon  Forge  com- 
munity, and  especially  much  of  the  county  surrounding 
Sevierville,  the  county  seat.  This  territory  includes 
some  of  the  richest  portions  of  the  county  whose  citi- 
zens hitherto  had  been  known  to  be  not  only  the  most 
prosperous  and  comfortable  in  their  homes,  but  the 
most  law-abiding  in  their  walks.  Even  the  little  town 
of  Sevierville  located  in  the  very  heart  of  the  county  at 
the  junction  of  the  two  Pigeon  rivers,  surrounded  by 
the  wealth  and  culture  of  the  county,  became  the  very 
hot-bed  of  White-capism  before  its  decline  and  disin- 
tegration. Some  of  the  leading  spirits  of  this  faith  and 
order  lived  in  that  quiet  little  town,  and  it  was  at  their 
homes  that  many  of  the  most  noted  raids  were  planned. 

It  seems  that  in  the  organization  of  the  White-cap- 
pers, and  in  planning  and  laying  out  the  work  it  was 
designed  to  do,  there  were  two  classes  formed:  one 
known  as  the  "raiders"  and  the  other  the  "supporters." 


THE   WHITE-CAPS.  15 

Members  of  the  former  class,  as  the  term  implies,  were 
to  make  all  raids,  d6  the  whipping,  and  perform  all  the 
duties  attended  with  danger.  While  members  of  the 
latter  class  who  were  often  men  of  property  and  stand- 
ing in  their  community,  were  to  make  bonds  for  those 
who  got  into  trouble  and  hire  counsel  to  defend  them 
in  the  courts.  In  this  class  it  is  said  and  generally  ad- 
mitted, that  many  of  the  wealthiest  and  best  known 
citizens  of  the  county  were  included. 

There  is  one  thing  certain  and  that  is,  not  one  who 
was  arrested  and  arraigned  on  the  charge  of  White- 
capping  ever  failed  to  give  bail.  Bondsmen  were  al- 
ways present  and  waiting  to  give  aid  and  comfort  to 
the  White-capper  in  his  hour  of  extremity ;  no  matter 
how  poor  the  prisoner  or  what  his  character,  the  bond 
was  forth  coming. 

Another  interesting  feature  in  the  history  of  White- 
cap  prosecutions  in  Sevier  county  is  that  no  case  is 
known  where  a  White-cap  ever  deserted  his  bonds- 
men. Some  who  feared  detection  fled  the  country  to 
avoid  arrest,  but  when  once  charged  and  put  under 
bond  the  White-capper  was  true  to  his  backers  and  true 
to  his  oath. 

The  purposes  and  plans  above  outlined  strengthened 
White-capism  and  gained  for  it  a  foot-hold  which  has 
given  Sevier  county  an  unenviable  notoriety:  and 
which  for  strength  of  organization  and  boldness  in  the 
execution  of  its  purposes,  and  perpetration  of  crime, 
has  had  no  parallel  perhaps  in  the  United  States. 

It  is  the  purpose  of  this  book,  in  the  succeeding  chap- 
ters, to  give  some  of  the  history  and  workings  of  this 
organization.  But  as  it  is  a  secret  organization,  as  the 


1 6  THE  WHITE-CAPS. 

writer  is  not  and  has  never  been,  a  member  of  the  or- 
der, and  as  no  member  of  the  order  has  yet  exhibited  a 
wilingness  to  reveal  the  secrets  of  the  order 
to  us,  we  have  not  in  our  possession  as  much  informa- 
tion in  detail  as  we  would  like  to  have  nor  as  much  as  is 
necessary  to  give  an  entirely  accurate  history ;  yet  we 
can  safely  vouch  for  most  of  the  facts  herein  related,  as 
being  substantially  true ;  as  much  so  indeed  as  the  or- 
dinary history. 


CHAPTER  III. 

PROGRESS  AND  GROWTH  OF  THE  ORDER. 

We  have  briefly  outlined  in  the  preceeding  chapters 
the  origin  of  White-capping  in  Sevier  county  together 
with  its  plans  and  its  purposes,  as  well  as  the  character 
of  the  men  who  gave  it  their  sanction  and  influence  in 
its  incipiency. 

We  have  also  seen  how  the  idea  of  reforming  a  cer- 
tain class  of  people  of  unlawful  methods,  grew  and 
spread  from  the  crude  notions  of  a  very  few  men  in  a 
single  locality,  until  it  had  gained  a  stronghold  in  the 
minds  of  many  good  citizens,  and  culminated  in  an  or- 
ganization whose  baneful  influence  threatened  not  only 
the  whole  of  Sevier  county  but  adjoining  counties. 

Now  that  the  practice  of  White-capping  in  Sevier 
county  is  a  thing  of  the  past  and  that  the  organization 
has  gone  to  pieces,  the  good  people  of  that  county  won- 
der how  it  was  possible  that  such  a  condition  of  affairs 
should  have  ever  existed,  yet  covering  the  years  from 
1892  to  1896,  it  grew  and  prospered  till  it  almost  domi- 
nated public  sentiment. 

Courts  became  powerless  to  execute  the  law,  the 
province  of  juries  was  invaded  and  justice  throttled; 
popular  elections  were  controlled  by  White-caps  be- 
ing installed  in  high  places.  At  one  time  it  was  really 
popular  in  Sevier  county  to  belong  to  this  well  known 
organization.  Candidates  for  high  offices  courted  it 
for  its  influence  in  approaching  elections  and  it  is 


1 8  THE  WHITE-  CAP$. 

claimed  that  many  became  actual  members  when  as- 
sured that  such  a  step  would  bring  to  their  support  the 
solid  vote  and  influence  of  the  order. 

Indeed  this  sentiment  had  grown  and  had  become  so 
popular  that  it  could  not  be  confined  by  county  lines, 
and  adjacent  parts  of  Jefferson  and  Blount  counties 
became  infected  with  the  virus  that  was  poisoning  and 
destroying  the  very  life  and  good  name  of  one  of  the 
best  counties  in  East  Tennessee. 

Its  membership  was  extended  into  districts  north  of 
the  French  Broad  river  and  thence  into  Jefferson 
county  where  many  depredations  were  committed  by 
roving  bands  of  these  night  prowlers  migrating  from 
one  county  into  the  other. 

The  organization  reached  its  zenith  of  popularity  and 
strength  in  1894;  the  whipping  of  men  and  women 
were  of  frequent  and  almost  nightly  occurrence,  and 
yet  the  perpetrators  of  these  cruel  deeds  daily  walked 
the  public  high-ways  and  even  the  streets  of  their  towns 
unapprehended  and  unpunished. 

But  White-capism  was  destined  to  have  opposition. 
It  could  not  be  otherwise.  It  was  founded  on  a  wrong 
principle;  its  deeds  like  the  hours  of  their  execution 
were  dark  and  so  cruel  they  could  not  be  defended. 

Many  who  at  first  gave  it  their  sanction  and  silent 
if  not  active  support  now  saw  their  mistake  and  with- 
drew their  influence.  It  began  to  loose  in  public  favor. 
Irresponsible  men  had  worked  themselves  to  the  front 
and  took  charge  of  affairs.  Men  not  only  of  bad  habits 
generally,  but  men  whose  lives  were  polluted  with 
lewdness  and  adulterous  living  had  assumed  the  role  of 
reformers  and  were  heading  midnight  mobs  which 


THE   WHITE-CAPS.  1 9 

cruelly  beat  and  in  some  instances  killed  persons  be- 
cause it  was  suspected  that  they  were  not  living  vir- 
tuous lives.  Persons  thus  punished  were  no  worse,  but 
often,  were  much  better  than  those  who  had  arrogated 
to  themselves  the  right  to  reform  all  who  chanced  to 
violate  either  the  civil  or  moral  law. 

While  there  was  much  opposition  in  sentiment  and 
feeling  to  White-capism  in  its  progressive  stages,  yet 
it  was  only  a  feeling  or  sentiment.  Many  were  afraid  to 
talk  out  against  White-capping,  for  fear  of  being  pun- 
ished for  his  expression  of  opinion.  Many  persons 
who  freely  expressed  their  opinions  unfavorable  to 
such  lawlessness,  were  promptly  notified  that  they 
would  be  visited  and  whipped  if  such  talk  was  repeated. 
Some  were  actually  whipped  for  no  greater  offence  than 
expressing  disapproval  of  White-capping.  Is  it  any 
wonder  then  that  an  organization  of  such  proportions 
and  with  such  bold  and  avowed  purposes  should  be- 
come a  terror  in  any  community? 


CHAPTER  IV. 

THE   BLUE-BILLS. 

There  was  very  little  to  impede  the  progress  of 
White-capping  in  Sevier  county  until  an  opposition 
was  formed  known  as  the  organization  of  the  "Blue 
Bills."  Not  very  much  is  known  about  this  band 
further  than  its  object  was  to  thwart  and  put  down 
White-cap  raids.  It  is  said,  however,  to  differ  from 
the  White-cap  organization  in  this,  that  it  had  no  con- 
stitution or  by-laws,  no  officers,  and  administered  no 
oath  or  obligation,  and  they  never  wore  masks  when 
on  their  raids. 

It  was  composed  of  men  stoutly  opposed  to  the  other 
organization ;  some  from  good  motives  and  others  no 
doubt  from  selfish  views.  The  former  desired  to  put 
down  White-capping  because  it  was  a  crime ;  the  latter 
because  the  White-caps  had  either  threatened  them  or 
some  of  the  immoral  women  of  the  county  with  whom 
they  had  been  associated  and  had  agreed  to  defend 
against  the  White-caps. 

It  was  the  purpose  of  the  Blue  Bills  to  find  out  what 
particular  night,  (their  raids  being  always  made  at 
night)  the  White-caps  were  to  make  a  raid,  and  the  par- 
ticular person  or  persons  to  be  attacked.  This  point 
accomplished  the  Blue  Bills  then  notified  their  mem- 
bers who  were  thoroughly  armed  with  shot-guns  and 
Winchesters,  to  be  ready  to  march  against  their  enemy 
at  the  designated  time  and  place. 


THE   WHITE-CAPS.  21 

Several  sharp  engagements  thus  occurred  between 
the  White-caps  and  Blue  Bills  in  some  of  which  men 
were  killed  and  wounded.  The  White-caps  also  went 
armed  and  it  was  understood  that  when  they  met  it 
meant  fight  or  run.  It  will  thus  be  seen  that  both  of 
these  organizations  were  acting  without  sanction  of 
law,  and  that  one  was  about  as  revolutionary  in  its 
character  as  the  other.  The  Blue  Bills,  however,  gen- 
erally claimed  to  either  have  an  officer  of  the  law  with 
them,  or  one  deputized  by  proper  authority,  to  arrest 
all  White-cap  raiders  and  prevent  them  from  carrying 
out  their  plans. 

Dr.  J.  A.  Henderson,  now  dead,  a  brave  and  fearless 
man,  was  said  to  be  the  organizer  and  leader  of  the 
Blue  Bills.  He  was  recognized  as  an  uncompromising 
enemy  of  the  White-cap  raiders  and  was  always  on 
their  track.  Being  shrewd  and  cunning,  he  was  ever  on 
the  alert.  Many  times  it  is  said  they  planned  to  make  a 
White-cap  raid  upon  his  home  in  the  town  of  Sevier- 
ville  for  the  purpose  of  capturing  him  and  punishing 
him  if  not  to  take  his  life.  But  as  often  he  caught  on 
to  their  plans,  marshalled  his  own  Blue  Bill  forces,  met 
his  would-be  captors  on  the  way  and  put  them  to 
flight. 

Notwithstanding  Henderson  was  a  terror  to  the 
White-caps  for  about  two  years,  and  they  were  endeav- 
oring to  capture  and  punish  him  during  all  of  that  time, 
yet  he  foiled  every  attempt,  owing  no  doubt  to  the  fact 
that  he  had  a  spy  in  the  White-cap  camps  who  kept  him 
informed  of  their  movements.  Being  a  man  of  large 
means  he  boldly  went  into  the  White-cap  camps  and 
hired  one  of  their  number  to  betray  them  into  his 
hands. 


22  THE   WHITE-CAPS. 

The  number  of  White-caps  in  Sevier  county  has  been 
variously  estimated  to  be  from  six  hundred  to  fifteen 
hundred,  while  perhaps  there  never  was  more  than  two 
hundred  Blue  Bills  at  any  time. 

There  are  two  reasons  why  Henderson  and  his  raid- 
ers were  never  captured  and  punished  by  his  organized 
pursuers.  First,  he  was  a  much  shrewder  warrior  than 
they  were,  and  knew  almost  their  every  movement. 
Second,  he  and  his  band  were  much  better  armed,  and 
known  to  be  as  brave  as  Julius  Caesar,  and  would  there- 
fore die  before  they  would  surrender  or  be  punished 
with  the  lash. 

As  before  stated  Dr.  Henderson  lived  in  the  town  of 
Sevierville,  as  did  several  of  the  leading-  White-caps. 
They  would  pass  each  other  upon  the  streets  and  high- 
ways during  the  day,  but  when  night  came  on  there  was 
but  little  travelling  alone — every  man  who  had  joined 
either  band  retired  within  the  barricades. 

The  first  White-cap  depredations  were  committed  in 
the  outlying  or  remote  districts  of  the  county.  But  the 
organization  as  well  as  their  nightly  performances, 
gradually  moved  toward  the  center  of  the  county,  and 
after  the  Blue  Bills  were  organized  against  them,  Se- 
vierville and  the  surrounding  territory -for  four  or  five 
miles  became  the  battle  ground  of  this  most  novel  war- 
fare. 


CHAPTER  V. 

WARFARE    BETWEEN   THE    BLUE-BILLS   AND   THB 
WHITE- CAPS. 

While  the  majority  of  the  people  of  Sevier  county 
never  actively  participated  with  either  one  of  these  or- 
ganizations in  their  struggles  for  supremacy,  knowing 
that  both  were  acting  in  violation  of  law,  yet  it  seemed 
that  they  were  powerless  to  restore  order  either  by  their 
influence  or  through  the  machinery  of  the  courts.  Many 
sympathized  with  the  Blue  Bills,  because  they  thought 
any  force  which  offered  itself  might  be  permitted  to 
put  down  the  White-caps,  others  took  side  with  the  lat- 
ter organization  for  one  reason  or  another.  And  thus 
it  was  the  people  of  Sevier  county  for  several  years  were 
between  "the  devil  and  deep  blue  sea,"  not  knowing 
where  to  go  or  to  whom  to  appeal  for  protection.  Peo- 
ple were  attacked  and  whipped  in  their  homes,  dwell- 
ing houses  and  barns  were  burned,  citizens  were  shot 
down  in  their  houses  and  on  the  high-ways — indeed  a 
reign  of  terror  prevailed. 

When  we  consider  the  character  of  the  two  organi- 
zations— White-caps  and  Blue  Bills — and  the  bitter  en- 
mity which  existed  between  the  two,  the  wonder  is,  that 
more  of  them  were  not  killed  or  wounded. 

To  show  the  animosity  existing  between  these  two 
belligerent  forces  we  will  refer  to  some  of  their  military 
movements  and  the  hair-breadth  escapes  in  engage- 
ments and  in  avoiding  engagements. 


24  THE   WHITE-CAPS. 

It  is  safe  to  say  here  that  the  White-caps,  though 
greatly  outnumbering  their  enemy,  were  never  anx- 
ious to  meet  them  in  actual  conflict.  Many  of  the 
White-caps  were  arrant  cowards  while  they  all  knew 
the  fearless  character  of  their  foe. 

At  one  time  the  Sevier  county  White-caps  had 
planned  a  raid  into  Jefferson  county  for  the  purpose  of 
whipping  an  old  man  by  the  name  of  Jenkins,  who  it 
was  said  was  living  with  a  woman  not  his  wife.  The 
night  was  fixed  and  everything  agreed  upon.  Hender- 
son learned  that  the  raid  was  to  be  made  on  Friday 
night.  He  hurriedly  notified  a  number  of  his  followers, 
and,  armed  to  the  teeth  they  stealthily  slipped  to  the 
place — Douglas'  Ferry — where  they  were  to  cross  the 
French  Broad  river.  They  there  waited  in  hiding  for 
them  till  a  late  hour  in  the  night,  but  no  White-caps 
came.  But  the  very  next  night — Saturday— the  raid 
was  made.  A  large  band  of  White-caps  crossed  the 
river  at  this  identical  place,  proceeded  to  the  house  of 
Jenkins  and  demanded  entrance.  On  being  refused 
they  undertook  to  break  in  and  were  fired  upon  by  Jen- 
kins, who  in  turn  was  badly  wounded  by  a  gun-shot 
from  the  band.  He  was  then  captured,  taken  and  given 
a  severe  beating  and  warned  to  flee  the  country. 

The  victors  then  retraced  their  steps  and  recrossed 
the  river  at  the  same  place.  There  is  no  doubt  that  if  this 
raid  had  been  made  the  night  before  the  White-caps 
would  have  either  been  captured  or  a  battle  would  have 
taken  place  in  which  several  lives  would  have  been  lost. 
It  was  only  averted  by  a  misunderstanding  of  the  time 
the  raid  was  planned. 


THE   WHITE-CAPS.  25 

It  is  known  that  at  least  one  of  the  White-caps  was 
wounded  on  the  Jenkins  raid  as  considerable  blood  was 
left  on  the  ferry  boat  that  carried  them  over  the  river 
on  their  return.  This  was  caused  by  a  shot  from  Jen- 
kins'  gun.  The  wound  is  not  supposed  to  have  been 
serious  as  nothing  more  was  heard  of  it.  The  White- 
caps  had  their  physicians  who  were  always  ready  to  ad- 
minister to  their  sick  and  wounded. 

At  another  time  the  White-caps  planned  a  raid  on 
either  Henderson  himself,  or  some  other  parties  in  the 
town  of  Sevierville.  Henderson  through  his  spy  in  the 
White-cap  camps,  learned  of  this  movement  and  made 
ready  for  them. 

They  were  to  approach  on  the  east  of  the  town  com- 
ing down  the  river  road. 

Immediately  after  dark  the  Blue  Bills  were  summoned 
and  with  their  leader  at  the  head  they  moved  up  the 
river  and  concealed  themselves  behind  fences  and  trees 
to  wait  the  approach  of  the  enemy.  They  had  ar- 
ranged themselves  into  two  divisions,  one  some  two 
hundred  yards  above  the  other.  The  public  road  that 
the  White-caps  traveled  ran  close  to  the  river  bank,  and 
the  plan  was  for  one  division  to  intercept  them  in  front 
and  when  they  wheeled  to  run,  the  other  and  upper  di- 
vision was  to  close  in  on  them  from  the  rear,  and  thus 
capture  them.  In  this  way  there  would  have  been  but 
little  hope  of  escape  from  either  a  capture  of  the  White- 
caps  or  a  bloody  conflict.  If  they  had  attempted  to 
cross  the  river  they  would  have  fell  easy  victims  to  the 
Blue  Bills'  deadly  Winchesters  while  another  chance  of 
escape  would  have  been  through  the  open  fields  in  the 
opposite  direction  which  would  have  left  them  equally 


26  THE   WHITE-CAPS. 

exposed.  On  this  occasion  there  was  no  misunder- 
standing, or  misinformation.  The  Blue  Bills  were  lying 
in  wait  and  the  White-caps  came  marching  in.  But  just 
as  the  latter  were  approaching  within  a  few  steps  of  the 
first  band  arranged  on  their  route,  they  spied  some  of 
the  Blue  Bills  and  instantly  wheeled  an  fled  pell-mell  up 
the  river. 

The  purpose  of  the  Blue  Bills  being  to  capture  the 
"White-caps,  and  not  to  kill  them  unless  in  case  of  re- 
sistance and  conflict,  they  did  not  fire  on  them  except 
perhaps  a  few  shots  to  frighten  them. 

About  two  miles  up  the  river  above  Sevierville  the 
hills  close  in  toward  the  river,  leaving  only  the  width  of 
the  road,  which  is  dug  out  of  the  hill,  along  which  peo- 
ple may  travel.  Across  the  road  at  this  narrow  point 
there  is  a  deep  ravine  or  hollow  through  which  a  branch 
runs  and  over  which  there  is  a  wooden  bridge.  There 
is  no  way  to  pass  this  point  in  the  road  except  over  this 
bridge.  The  White-caps  in  their  raids  often'passecTEHis 
place. 

The  Blue  Bills  were  informed  that  on  a  certain  night 
they  would  make  a  raid  and  would  pass  over  this 
bridge.  So  Henderson  and  his  men  arranged  for  an 
attack  on  that  night. 

The  plan  was  to  take  up  the  bridge  floor  and  then 
way-lay  and  attack  the  White-caps  near  that  point  so  as 
to  cut  off  all  other  means  of  escape  except  over  the 
bridge.  This  was  accordingly  done,  and  all  the  other 
arrangements  made  necessary  to  carry  out  what  would 
seem  to  be  a  well  laid  scheme.  But  fortunately  for  the 
White-caps  they  either  did  not  make  their  anticipated 


THE   WHITR-CAPS.  27 

raid  that  night  or  scented  their  sleepless  pursuers  and 
changed  their  route. 

It  is  unnecessary  to  say  that  a  stampede  caused  by  an 
attacking  party  from  ambush  along  a  narrow  road  like 
that  described,  would  have  been  disastrous,  and  before 
the  death  trap  could  have  been  discovered  horses, 
riders  and  all  would  have  been  thrown  headlong  into 
the  vortex. 

It  is  almost  incredible,  yet  it  is  true,  that  while  these 
two  bloodthirsty  bands  were  on  each  others  trail  for 
over  a  year,  only  one  actual  engagement  took  place 
between  them,  which  occurred  near  Henderson  Springs 
when  Helton  Latham  and  Keeble  were  killed,  a  full  ac- 
count of  which  is  fiver,  in  a  succeeding  chapter  of  this 
book. 

What  occurred  in  that  conflict  which  lasted  but  a  few 
moments,  shows  the  deadly  purpose  that  each  had  in 
view  when  they  started  on  their  raid  that  night.  But 
for  the  fact  that  the  meeting  of  these  belligerent  parties 
was  premature  that  night,  a  dozen  men  instead  of  three 
doubtless  would  have  been  picked  up  dead  from  the 
battle  ground  next  morning.  As  stated  the  meeting 
that  night  at  the  particular  time  and  place,  was  unex- 
pected. Th*:  White-caps  had  not  all  arrived  but  were 
coming  in  from  the  adjacent  hills,  while  the  Blue  Bills 
were  on  their  way  to  where  they  supposed  would  be  the 
real  battle  ground.  Be  this  as  it  may  at  least  some  of 
the  parties  met  on  that  fatal  night,  and  laid  down  their 
lives  in  a  most  tragic  way,  thereby  adding  a  new  chap- 
ter to  the  history  of  Sevier  county. 

This  fatal  occurrence  put  a  quietus  on  White-capping 
for  a  time.  It  occurred  about  the  first  of  November, 


28  THE  WHITE-CAPS. 

.1894,  and  no  White-cap  outrages  occurred  until  about 
April  of  the  next  year.  Dr.  Henderson,  the  leader  of  the 
opposition,  was  assassinated  in  his  house  soon  after,  but 
his  death  was  attributable  to  other  causes  not  necessary 
here  to  relate.  It  is  not  thought  that  the  White-caps  or 
the  Blue  Bills,  as  such,  either  had  anything  to  do  with 
it,  but.  the  former  greatly  rejoiced  to  know  that  their 
old  enemy  and  pursuer  was  dead.  The  following  spring 
after  his  death  new  outrages  broke  out,  but  the  Blue 
Bills  dici  little  or  nothing  to  impede  their  progress. 


CHAPTER  VI. 

WHITE-CAPS    IN    COURT. 

The  history  of  White-capping  in  Sevier  and  adjoin- 
ing counties  is  one  of  lawlessness  and  outrages.  From 
the  year  1892  to  1897,  it  held  sway.  One  crime  fol- 
lowed another  in  quick  succession.  The  people  lived 
on  excitement  as  it  were.  They  retired  to  their  homes 
at  night  not  knowing  but  wondering  what  a  new  day 
would  bring  forth. 

During  the  reign  of  terror  that  these  midnight  ban- 
dits introduced  into  that  peaceful  community  no  part 
of  their  history  is  more  interesting  than  that  which  con- 
nects them  with  the  courts. 

They  seemed  to  recognize  the  fact  in  the  out  set,  at 
least  in  their  organization,  that  their  mission  was  one  of 
crime  and  that  prosecutions  were  certain  to  follow  in 
their  footsteps.  With  this  in  view  they  took  every  pre- 
caution to  hide  their  identity  and  defeat  all  prosecu- 
tions, and  no  part  of  their  work  was  more  successfully 
accomplished ;  for  during  six  years,  from  the  origin  of 
the  organization  in  1892  until  1898,  not  a  single  mem- 
ber of  their  order  suffered  the  penalty  of  the  law. 

Many  indictments  were  found,  but  in  almost  every 
instance  they  were  successfully  defended. 

In  1892  or  1893  Sam  Lanning,  charged  with  whip- 
ping one  Wyatt  Hill,  was  tried,  convicted  and  sen- 
tenced to  a  term  of  ten  years  in  the  penitentiary.  He 


3O  THE  WHITE-CAPS. 

appealed  his  case  to  the  Supreme  Court  and  secured  a 
reversal,  and  on  a  second  trial  was  acquitted. 

Newt.  Green  and  West  Hendricks,  who  are  now 
serving  a  twenty  years  sentence  in  the  penitentiary,  are 
the  first  members  of  this  organization  to  suffer  the  pen- 
alty of  the  law  for  their  crimes.  They  were  charged 
with  the  murder  of  Aaron  McMahan,  convicted  and 
sentenced  as  above  stated,  which  sentence,  on  appeal 
was  confirmed  by  the  Supreme  Court  on  the  18th  of 
November,  1898. 

Pleas  Wynn  and  Catlett  Tipton  were  convicted  for 
the  murder  of  the  Whaleys  (a  detailed  account  of  which 
appears  in  a  subsequent  chapter  of  this  book)  and  on 
appeal  to  the  above  mentioned  term  of  the  Supreme 
Court  were  sentenced  to  expiate  their  crime  on  the  gal- 
lows the  fourth  day  of  January,  1899. 

Likewise  the  Spurgeon  boys,  charged  with  whipping 
some  old  woman  up  in  the  mountains,  have  been  con- 
victed of  the  charge,  but  appealed  and  now  await  the 
action  of  the  Supreme  Court. 

All  of  these  convictions  in  the  lower  courts,  if  we  are 
correctly  informed,  except  in  the  Lanning  case,  oc- 
cui*rtd  in  1897  and  1898,  after  a  revolution  in  public 
sentiment  had  come  and  a  new  order  of  things,  at  least 
partially,  restored. 

In  the  palmy  days  of  the  White-caps  they  were  pre- 
eminently a  success  in  the  courts. 

To  the  casual  observer  it  is  difficult  to  understand  the 
secret  of  their  success.  In  the  remaining  part  of  this 
chapter  therefore,  we  shall  endeavor  to  give  the  reader 
some  insight  into  this  part  of  their  history. 


THE   WHITE-CAPS.  31 

In  the  outset  the  White-cap  realized  that  his  mission 
was  a  violation  of  law  and  that,  if  detected,  he  would  be 
punished.  Therefore  it  vvas  decided  that  in  their  crimi- 
nal practices  their  faces  should  be  covered  with  masks 
so  that  their  identity  would  be  concealed.  They  accord- 
ingly prepared  white  rags,  large  enough  generally  to 
successfully  cover  the  face  and  head  with  small  holes 
cut  for  the  eyes,  nose  and  mouth.  These  cloths  were 
tied  on  the  head  with  strings  in  a  way  to  make  them  se- 
cure and  were  worn  on  all  their  raids.  They  sometimes 
wore  an  ordinary  hat,  but  more  generally  some  kind  of 
cap  made  of  white  goods,  hence  the  name  "White-cap." 
They  also  had  regular  White-cap  suits,  but  these  were 
made  in  different  styles.  Sometimes  after  the  fashion 
of  men's  suits,  and  sometimes  large  loose  gowns  more 
like  women's  apparel.  At  other  times  they  would  wear 
their  ordinary  clothing,  perhaps  with  an  overcoat 
turned  inside  out,  relying  mainly  on  the  mask  over  the 
fare  to  save  them  from  detection.  In  this  manner  the 
White-caps  made  their  raids,  whipped  or  otherwise 
punished  their  victims  and  returned  home. 

These  raids  were  always  made  in  night  time ;  doors 
of  houses  were  suddenly  battered  down,  the  inmates 
aroused  from  their  slumbers,  dragged  from  their  beds 
and  generally  with  but  little  light  surrounding  them, 
cruelly  whipped  and  left  bleeding  on  the  spot. 

It  requires  no  further  argument  to  convince  the 
reader  that  under  circumstances  like  these,  it  is  difficult 
if  not  impossible  to  identify  the  attacking  parties.  In 
such  an  ordeal  one  would  not  likely  recognize  his  near- 
est and  best  known  neighbor. 


32  THE  WHITE-CAPS. 

While  no  one  but  the  White-caps  themselves  knew 
absolutely  who  belonged  to  the  clan,  yet  nearly  every 
one  had  a  general  idea  who  they  were  and  when  a  whip- 
ping occurred  some  particular  person  or  persons  were 
usually  suspected  of  doing  it.  If  the  persons  punished 
or  any  one  else  who  was  present  showed  a  disposition 
to  identify  the  parties,  warrants  were  sworn  out  and  the 
suspected  White-caps  arrested  and  taken  before  some 
justice  of  the  peace. 

Sometimes  the  evidence  would  warrant  a  committal 
to  court  and  sometimes  not.     If  the  defendants  were 
bound  over  to  court  they  promptly  gave  bond  and  when 
circuit  court  met  they  were  prepared  to  prove  their  in- 
nocence. 

We  are  informed  that  the  White-cap  always  relied 
upon  two  defences :  First,  the  failure  of  the  witnesses 
for  the  prosecution  to  identify  him.  Second,  an  alibi. 

The  state  had  to  show  that  they  were  masked  to  make 
out  its  case,  under  the  kuklux  law.  If  masked  then  who 
could  tell  who  they  were,  beyond  a  reasonable  doubt? 
In  some  instances  the  witnesses  would  claim  to  recog- 
nize the  defendant  by  his  voice,  but  in  almost  every 
case,  the  witness  would  also  claim  that  the  defendant 
changed  his  voice  so  as  not  to  be  detected.  Then  de- 
fendant's counsel  would  argue  that  if  the  voice  was 
counterfeited  how  could  the  witness  testify  that  it  was 
the  voice  of  any  particular  person,  however  well  known 
to  them  by  their  natural  voice? 

If  a  case  ever  got  to  a  court  or  jury,  these  two  de- 
fenses alone  were  generally  sufficient  to  obtain  a  ver- 
dict of  acquittal. 


THE  WHITE-CAPS.  33 

The  White-caps,  not  being  without  smart  and  bold 
leaders,  believed  in  the  old  adage  that  "an  ounce  of 
preventative  is  worth  a  pound,  of  cure."  They 
therefore  set  about  to  devise  ways  and  means 
whereby  they  could  prevent  indictments  from  being 
found.  To  do  this  they  invaded  the  county  court  and 
it  is  said  won  over  to  their  cause  several  of  the  jus- 
tices of  the  peace  who  composed  that  honorable  body. 
This  body  appointed  the  jurors  for  the  circuit  court.  In 
this  way  a  number  of  White-caps  always  succeeded  in 
getting  on  one  or  both  of  the  juries.  If  they  got  on  the 
grand  jury,  the  White-caps  were  happy  because  they 
felt  sure  no  indictments  would  be  returned  against  any 
of  their  number.  But  if  per  chance  a  true  bill  was 
found  then  they  relied  upon  their  friends  on  the  regu- 
lar panel  of  the  trial  jury  or  those  who  may  be  selected 
to  serve  on  it  in  the  usual  way. 

The  White-caps  were  sworn  to  stand  by  their  friends 
and  they  did  it.  If  one  was  a  grand  juror,  it  meant  as  a 
rule  no  true  bill ;  if  on  the  trial  jury,  it  meant  either  an 
acquittal  or  a  hung  jury. 

They  did  their  work  and  did  it  boldly.  While  the 
grand  jury  was  sworn  to  secresy  in  all  matters  pertain- 
ing to  the  grand  jury  room,  yet  the  White-caps  knew 
everything  that  was  going  on  in  that  body.  When  a  bill 
of  indictment  had  been  acted  on,  it  was  signaled  to  their 
friends  on  the  outside  who  knew  all  about  it  before  it 
was  reported  into  open  court  by  their  body.  The  se- 
cresy and  sacredness  of  the  grand  jury  was  thus  taken 
away  and  the  country  at  large  turned  over  to  the  mercy 
of  the  bold  and  reckless  men  who  in  so  short  a  time 
had  demoralized  society,  controlled  elections,  manipu- 
lated juries  and  wrecked  courts. 


34 


THE  WHITE-CAPS. 


The  White-caps  were  fruitful  of  resources  when  a 
friend  was  on  trial  or  in  trouble ;  they  never  lost  hope 
nor  ceased  to  work.  When  one  of  their  number  was  to 
be  put  on  trial,  not  only  the  court  house  but  the  town 
was  full  of  these  sign  makers.  When  the  officer  went  to 
summon  the  jury,  if  he  was  a  White-cap  himself  he 
could  of  course  do  the  decent  (?)  thing  and  soon  find  a 
panel  of  good  (?)  and  lawful  (?)  men.  If  the  officer  was 
not  a  White-cap  then  while  he  would  know  or  suspect 
some  of  them  he  did  not  know  all  of  them  and  was 
certain  to  get  some  of  the  faithful  (?)  on  his  list.  Then 
while  the  jury  was  being  empanneled  some  one  of  the 
White-caps  who  had  already  had  a  conference  with  the 
defendant's  lawyer  was  stationed  at  a  convenient  place, 
and  knowing  all  who  were  either  White-caps  or  White- 
cap  sympathizers,  he  would  by  some  sign  or  token  indi- 
cate to  the  defendant's  attorney  whether  to  take  him  or 
not. 

These  methods  were  invariably  adopted  in  every 
trial,  and  it  is  said  that  it  was  next  to  impossible  to  em- 
panel a  jury  in  Sevier  county  during  the  reign  of  White- 
capism  without  getting  one  or  more  White-caps  on  it, 
and  for  this  reason  next  to  impossible  to  convict  a  man 
charged  with  White-capping. 

The  foregoing  is  not  all  that  the  State  prosecutor  had 
to  contend  with  while  fighting  a  battle  against  White- 
caps  in  court. 

As  stated  in  a  former  chapter  the  White-caps  took  an 
iron-clad  oath  when  they  joined  the  order.  This  oath 
bound  them  to  stand  by  each  other  under  all  circum- 
stances and  that  without  equivocation.  They  were  to 
stand  by  them  as  jurors,  and  as  witnesses.  They  re- 


THE  WHITE  CAPS.  35 

garded  the  oath  that  they  took  as  a  White-cap,  as 
stronger  and  more  binding  than  the  oath  they  took 
upon  the  Holy  Evangelist,  to  tell  the  truth,  the  whole 
truth  and  nothing  but  the  truth.  So  when  the  two 
oaths  came  in  conflict,  the  latter  always  went  down. 
When  it  was  necessary  to  save  the  life  or  liberty  of  a 
brother  in  jeopardy,  no  White-cap  regarded  the  oath 
that  he  took  to  tell  the  truth.  Hence  it  was  always  easy 
to  find  witnesses  to  prove  an  alibi  for  a  White-cap 
charged  of  any  offence.  He  was  always  at  home  or  at 
some  other  place  with  enough  of  his  clan  to  prove  his 
innocence.  He  was  a  very  poor  lawyer  who  could  not 
secure  an  acquittal  of  his  client  when  backed  by  the 
White-cap  organization  in  its  palmy  days. 

The  White-caps  not  only  came  into  court  with  their 
own  suborned  witnesses,  but  they  intimidated  state 
witnesses  by  threatening  them  with  vengeance  if  they 
dared  to  go  into  the  courts  and  testify  against  them. 
Some  persons  actually  left. the  state  to  avoid  being 
summoned  and  forced  to  testify  against  White-caps. 

There  is  no  doubt  that  some  of  the  foul  murders 
committed  in  Sevier  county  by  White-caps,  were  com- 
mitted because  of  what  their  victims  had  already  sworn 
or  what  they  were  expected  to  swear.  These  were  ob- 
ject lessons  that  were  calculated  to  stagger  the  stoutest 
hearted  and  make  them  tremble  with  fear,  even  in  a 
court  of  justice. 

Under  circumstances  like  these,  is  it  any  wonder  that 
the  White-caps  promulgated  their  rotten  theories,  that 
they  went  unwhipped  of  justice  and  the  good  people 
suffered? 


36  THK   WHITE-CAPS. 

While  this  lawless  organization  was  generally  known 
and  recognized  as  "White-caps,"  yet  for  reasons  appar- 
ent hereafter,  they  changed  their  name  from  that  of 
"White-caps"  to  "Grave  Yard  Hosts."  They  endeav- 
ored, however,  to  keep  the  latter  name  as  a  profound  se- 
cret. The  reason  for  this  change  was  this :  When  a 
White-cap  case  was  in  court  the  defendant  and  'wit- 
nesses were  always  interrogated  about  White-caps.  He 
was  asked  if  he  was  a  White-cap?  If  he  ever  joined 
them?  If  he  was  ever  on  a  White-cap  raid,  and  all  such 
questions,  which  he  promptly  answered  in  the  nega- 
tive, and  which  literally  speaking,  at  least  from  his 
stand-point,  was  true,  because  he  had  not  joined  the 
-White-caps,  but  the  "Grave Yard  Hosts." 

Hence  this  furnished  a  loop-hole  for  such  as  had  any 
regard  for  their  oath  to  crawl  out  at,  if  ever  arraigned 
for  perjury.  No  doubt  for  the  same  reasons,  they  had 
other  names  that  they  went  by,  and  were  sworn  in  by. 
But  the  organization  went  by  the  name  of  White-caps, 
and  when  spoken  of  they  were  always  referred  to  by 
that  name. 


CHAPTER  VII. 
CRIMES  MULTIPLY  AND  INCREASE  IN  MAGNITUDE. 

Crime  and  wrong-doing  is  always  progressive,  and 
will  increase  and  spread  in  its  influences  in  proportion 
to  the  encouragement  it  receives.  Whenever  it  be- 
comes popular  in  any  community  to  violate  the  law,  it  is 
not  necessary  to  stop  to  discuss  the  question  as  to 
whether  or  not  crimes  will  be  committed  in  that  com- 
munity. It  follows  as  a  natural  consequence. 

When  White-capping  became  popular  outrages  were 
frequent. 

As  stated  elsewhere,  the  original  purpose  of  White- 
capping  was  to  administer  punishment  to  a  class  of  peo- 
ple who  lived  in  adultery  and  kept  disorderly  houses  in 
the  community  where  they  lived.  This  class  of  people 
sometimes  becomes  very  obnoxious  to  the  better  ele- 
ment of  society,  which  is  always  glad  to  get  rid  of  them. 
We  can  thus  see  how  easily  they  may  have  been  influ- 
enced to  sanction  a  scheme  to  get  rid  of  this  class  of 
violators.  This  accounts  for  so  many  good  citizens 
originally  joining  the  White-caps.  But  having  once 
joined  how  were  they  to  break  away  from  them  and 
turn  their  influence  against  them?  They  knew  not  what 
it  was  till  they  got  into  it,  and  then  to  refuse  to  stand 
by  it,  meant  the  penalty  of  death  would  follow.  Such 
as  refused  to  join  in  the  crimes  that  followed  in  the 
progress  of  White-capping  could  only  remain  neutral 
and  keep  their  lips  sealed.  The  better  class  did  this; 

446071 


3&  THB  WHITE-CAPS. 

and  as  the  crimes  of  the  organization  became  more  fre- 
quent and  more  heinous  in  their  character,  more  and 
more  withdrew  their  active  influence,  and  White-cap- 
ping by  degrees  drifted  into  the  hands  of  "toughs"  and 
those  known  to  be  vicious  and  lawless. 

When  it  reached  this  stage  its  promulgators  began 
to  study  new  work  for  it  to  do,  and  new  fields  to  ex- 
plore. 

They  had  entered  into  people's  houses  masked  and 
in  disguise,  whipped  them  and  beat  them  with  many 
stripes  for  the  offence  of  adultery  and  similar  misde- 
meanors, and  had  not  been  identified  nor  punished. 
Now  these  same  would  be  moral  reformers,  reasoned  to 
themselves  in  this  wise :  If  we  can  enter  a  house  and 
whip  the  inmates  and  not  be  detected  nor  punished  in 
the  courts  for  it,  then  why  not  enter  in  like  manner  for 
any  other  purpose  and  successfully  defeat  prosecutions? 

This  method  of  reasoning  was  plausible ;  so  they  con- 
cluded that  they  could  use  the  White-cap  guise  as  a 
shield  for  any  offense  they  felt  disposed  to  commit. 
Therefore  when  one  of  the  gang  had  a  private  difficulty 
with  a  neighbor  or  other  party,  he  would  summon  his 
White-cap  colleagues  and  report  to  them  what  he 
wanted.  The  result  was,  the  supposed  offender  was 
overpowered  by  masked  men  and  dragged  from  his 
home  in  the  dead  hours  of  night  and  severely  beaten, 
at  the  instance  of  a  coward  who  dared  not  meet  him 
face  to  face.  In  this  way  private  grievances  were 
avenged  by  the  White-caps. 

This  part  of  the  work  was  seen  to  be  a  success  because 
undetected  and  they  felt  encouraged  to  take  another 
step  in  the  field  of  conquest. 


THE   WHITE-CAPS.  39 

Such  of  them  as  had  made  up  their  mind  to  take  a 
full  degree  in  the  catalogue  of  crimes,  now  organized 
special  bands,  consisting-  of  the  most  desperate  element 
of  the  White-caps,  and  went  into  stealing,  robbing  and 
murdering  and  in  fact  all  sprts  of  crime. 

They  generally  selected  as  their  victims  pensioners, 
old  widow  women  and  old  men  who  were  generally 
known  to  keep  money  about  their  premises,  and  who 
were  helpless  to  defend  themselvs.  Many  of  the  most 
outrageous  robberies  were  in  this  way  committed  in 
Sevier  county. 

Private  houses  were  entered  by  force,  and  old  de- 
crepid  men  and  women  were  forced  at  the  muzzle  of  a 
shot-gun  or  pistol  to  discover  and  deliver  up  to  the  cruel 
intruders  all  their  money  and  other  valuables.  After 
thus  pilfering  a  home  and  forcing  from  their  unfortu- 
nate victims  the  earnings  of  a  life  time,  these  bandits 
would  as  silently  steal  away,  divide  thefr  ill-gotten 
gains,  and  return  to  their  homes  undetected  and  un- 
known to  any  one  except  themselves  and  their  gang. 

Among  those  who  have  been  the  victims  of  this  mer- 
ciless gang  of  White-cap  robbers,  we  have  been  fur- 
nished with  only  a  few  names,  among  which  are  old 
man  Andrew  Henderson  from  whom  they  took  about 
two  thousand  dollars  in  gold ;  Mr.  John  Burnett,  a 
pensioner;  a  Mrs.  McMahan  from  whom  they  forced 
about  one  thousand  dollars.  A  widow  lady  by  the 
name  of  Fox  also  lost  what  she  had  at  the  hands  of  one 
of  these  midnight  mobs. 

In  these  robbing  expeditions  it  is  said  only  a  small 
number,  generally  from  four  to  six  men  were  along 


40  THE   WHITE-CAPS. 

This  was  for  two  reasons  :  First,  the  fewer  the  num- 
ber the  more  of  the  booty  to  each  ;  secondly,  the  fewer 
the  number  the  less  the  liability  of  detection.  Besides  a 
half  dozen  men  were  all  that  were  necessary  to  over-awe 
and  rob  an  old  decrepid  man,  or  a  helpless  woman.  It 
don't  take  brave  men  to  do  such  deeds  as  these,  but 
base  cowards. 

Jesse  James  and  his  noted  band  of  outlaws  were  rob- 
bers, but  it  was  done  upon  a  high  plane  ;,it  was  a  high 
order  of  robbery  if  you  will  allow  the  expression.  They 
did  it  with  such  boldness  and  dispatch  that  one 
could  not  read  of  their  daring  adventures  without  some 
degree  of  admiration  for  their  very  bravery.  They 
were  never  known  to  commit  a  robbery  at  night  but 
rather  chose  broad  daylight  to  display  their  skill  at 
acquiring  ill-gotten  wealth.  They  never  attacked  an 
old  defenseless  man  or  a  lone  woman  in  daylight  or 
dark  and  branded  any  man  as  a  coward  who  would  do 
so.  So  far  from  invading  the  home  of  an  old  defense- 
less man  or  woman  in  night  time  and  after  terrifying 
them  with  guns  and  threats,  carry  off  their  earnings, 
thejames  gang  rather  preferred  to  dash  into  the  city 
of  Omaha  at  high  noon  and  rob  a  bank  of  its  hundreds 
of  thousands  of  dollars  while  the  whole  city  looked  on, 
or  march  into  the  fair  grounds  in  Kansas  City  and 
carry  off  the  gate  money  while  a  half  a  million  eyes 
gazed  in  wonder  and  astonishment,  if  not  admiration 
at  their  reckless  daring. 

While  there  may  be  something  in  the  history  of  the 
James  gang  worthy  of  admiration,  there  is  certainly 
nothing  connected  with  White-capping  but  what  is 
loathed. and  despised  by  every  brave, and  honest. man.. 


JUDGE    T.    A.    R.    KELSON. 


THE    WHITE-CAPS.  41 

It  grew  from  bad  to  worse  till  in  its  lattejr  days  it  de- 
generated into  highway  robbery  and  murder.  Men 
were  killed  for  opinion's  sake ;  prices  were  placed  upon 
the  heads  of  persons  who  were  witnesses  and  happened 
to  know  something  of  White-cap  depredations,  and 
they  were  summarily  put  out  of  the  way  by  the  assas- 
sin's bullet. 

Chief  among  these  were  William  and  Laura  Whaley, 
whose  tragic  death  is  told  in  another  place  in  this  book, 
and  for  which  Pleas  Wynn  and  Catlett  Tipton  have 
been  indicted  and  convicted,  and  Robert  Catlett  and 
Robert  Wade  stand  indicted  as  accessories  before  the 
fact. 


CHAPTER  VIII. 

A   REFUGE   FOR    CRIMINALS   OF  ALL   CLASSES. 

There  is  one  other  feature  of  the  White-cap  organi- 
zation that  we  have  not  yet  referred  to.  It  is  something 
which  evidently  was  not  contemplated  in  its  early  his- 
tory, but  taken  on  in  its  days  of  degeneracy. 

The  White-cap  organization  was  not  only  an  or- 
ganization of  crime  and  wickedness  in  high  places  from 
its  birth  to  its  death,  and  did  everything  in  its  power, 
even  to  the  commission  of  perjury  to  protect  its  mem- 
bers from  the  penitentiary  and  the  hangman's  noose, 
but  it  served  as  a  veritable  "City  of  Refuge!'  for  every 
man  who  had  committed  a  grave  crime  against  the 
law,  whether  he  belonged  to  the  order  or  not.  If  he 
did  not  belong,  as  soon  as  his  hands  were  stained  with 
blood  or  crime,  he  fled  without  delay  to  the  secret 
haunts  of  this  diabolical  order,  where  without  delay 
he  was  made  a  member  in  due  form.  All  the  qualifi- 
cations needed  to  recommend  him  to  the  order  were 
that  he  had  a  record  of  crime  and  the  more  heinous  the 
crime  the  better  it  suited  his  Satanic  majesty,  the 
chief  of  the  White-caps.  When  once  within  the  fold 
of  the  order,  he  is  entitled  to  all  its  privileges  and  bene- 
fits. He  would  therefore  be  able  to  make  bond  and 
secure  the  best  of  counsel  for  his  defense.  His  new  rela- 
tion also  meant  that  he  was  to  have  the  full  benefit  and 
assistance  of  the  "expert"  witnesses  and  jurors  as  well 
as  the  manipulations  and  influence  of  the  entire  order 
so  far  as  they  could  render  it.  This  was  generally 
equivalent  to  a  guaranty  of  acquittal. 


THE    WHITE-CAPS.  43 

The  White-cap  organization  was  thus  worth  more  to 
a  criminal  in  his  struggles  in  the  courts  than  the  best 
law  firm  that  could  be  procured,  but  when  the  two  com- 
bined their  skill  and  tactics  they  erected  a  wall  of  de- 
fense that  was  impregnable  and  one  the  State  could 
never  batter  down.  In  this  manner  the  red-handed 
murderer  and  the  thief  and  the  robber,  for  a  number  of 
years  went  unpunished  in  Sevier  county  while  the  good 
citizens  were  terrorized  by  midnight  marauders,  who 
little  feared  the  officers  of  the  law. 


CHAPTER  IX. 

DECAY   AND    DISINTEGRATION. 

From  the  very  nature  of  things  and  the  principle  on 
which  the  White-cap  organization  was  established  it 
could  not  live  long.  And  judging  it  by  its  fruits  which 
is  the  moral  and  scriptural  test,  the  only  wonder  is  that 
it  existed  half  as  long  as  it  did  among  a  civilized  and 
Christian  people,  such  as  live  in  Sevier  county.  But  it 
had  its  day  and  run  its  race,  and  is  now  a  thing  of  the 
past.  It  left  in  its  track  bleeding  hearts  and  widows 
and  orphans  ;  the  bitter  fruit  of  an  ignoble  existance. 

The  origin,  growth  and  progress  of  the  White-cap 
organization  as  well  as  its  connection  with  courts  and 
criminals,  have  been  briefly  mentioned  in  the  previous 
chapters.  We  now  come  to  the  most  delightful  part 
of  our  task  and  that  is  the  disappearance  of  White-caps, 
or  at  least,  White-capping,  and  the  disintegration  of  the 
organization  in  Sevier  county. 

The  murder  of  Wm.  Whaley  and  wife,  Laura  Wha- 
ley,  was  the  culmination  of  White-capping  in  the 
county.  Murders  and  all  kind  of  outrages  had  been 
committed  prior  to  that  time  ;  but  none  \vere  so  brutal 
and  inhuman  as  this  one. 

The  people  had  tolerated  and  in  effect  excused  the 
whipping  of  men  and  women,  robbery,  the  murder  of 
men  in  their  houses,  in  the  woods  and  along  the  public 
highways,  but  when  it  come  to  going  to  the  humble 
little  cottage  home  of  a  poor,  but  unoffending  citizen 
of  the  county,  breaking  in  on  him,  dragging  him  from 


THE    WHITE-CAPS.  45 

his  sick  bed,  and  shooting  his  brains  out  in  the  pres- 
ence of  his  wife,  without  even  giving  him  an  excuse  for 
it,  and  then  turning  upon  his  wife,  a  new  born  babe  in 
her  arms,  begging  for  mercy,  where  no  mercy  is  to  be 
found,  her  brains  shot  out  and  she  falls  beside  her  hus- 
band never  to  speak  again ;  the  life  blood  of  the  two, 
husband  wife,  father  and  mother  slowly  ebbing  away 
as  the  wicked  and  heartless  assassins  steal  into  the  dark- 
ness and  make  their  escape :  we  say,  when  it  came  to 
this,  it  was  too  much  for  the  people  to  bear.  It  was  be- 
yond toleration.  They  broke  forth,  as  it  were,  in  their 
fury,  and  were  aroused  as  men  seldom  are.  Every 
good  citizen  swore  in  his  heart  to  assist  in  avenging  the 
nmrder  of  the  Whaleys  and  putting  an  end  to  the  in- 
famous White-cap  practices  in  Sevier  county. 

This  was  the  beginning  of  the  end.  People  no  longer 
felt  over-awed  by  the  intimidation  of  those  bold  ban- 
dits which  had  so  long  held  sway  by  closing  the  mouths 
of  men  and  controlling  the  public  pulse,  but  they  spoke 
out  boldly  in  no  uncertain  terms. 

When  the  five  hundred  people  who  visited  the  scene 
of  the  murder,  viewed  the  remains  of  William  and 
Laura  Whaley  as  they  lay  prostrate  upon  the  floor 
of  their  cabin  home  in  their  night  apparel  and  in 
pools  of  blood,  and  heard  the  piteous  cries  of  the  little 
babe  that  in  so  short  a  time  had  been  rendered  parent- 
less  and  homeless,  the  smouldering  fires  that  had  slum- 
bered in  their  breasts  so  long  now  broke  forth  like  vol- 
canoes and  with  such  fury  that  it  astounded  the  White- 
caps  themselves.  Men,  who  heretofore  had  not  dared 
express  their  sentrments,now  spoke  them  freely  and 
the  talk  became  epidemic.  Correct  public  sentiment 


46  THE   WHITE-CAPS. 

began  to  reassert  itself  and  in  a  short  time  a  wave  was 
started  that  has  not  yet  stopped.  ' 

The  officers  of  the  law  are  also  indignant  and  are 
encouraged  to  take  a  bold  stand  against  the  red-handed 
murderers. 

Attorneys  are  employed  to  assist  in  prosecutions,  offi- 
cers constitute  themselves  detectives,  rewards  are  of- 
fered by  the  county  by  the  state  and  by  individuals.  All 
suspicious  persons  and  especially  White-caps  are 
watched  in  their  every  movement  and  a  general  plan  of 
warfare,  which  meant  a  fight  to  the  finish  was  set  on 
foot  against  the  iniquitous  White-capping. 

All  of  this,  and  more,  was  done  within  a  few  weeks 
after  the  Whaleys  were  killed  in  the  tragic  manner 
above  pointed  out.  So  bold  a  stand  taken  by  the  offi- 
cers and  the  people,  seemed  to  non-pluss  theWhite- 
caps  and  especially  the  more  timid  of  them.  Only  the 
boldest  would  openly  show  signs  of  counter  warfare. 

Public  sentiment  was  now  right,  and  the  good  and 
law-abiding  people  were  determined  to  beat  no  retreat. 

But  to  succeed  in  stamping  out  White-capping  and 
especially  in  punishing  those  charged  with  crime,  the 
people  felt  that  they  must  have  the  full  protection  and 
hearty  co-operation  of  the  courts.  Heretofore  the 
White-caps  had  shown  themselves  masters  of  the  situa- 
tion in  almost  every  case  up  to  this  time,  where  an  at- 
tempt had  been  made  to  punish  any  one  charged  with 
White-capping. 

It  was  felt  that  something  must  be  done  to  exclude 
White-caps  from  sitting  on  juries,  both  grand  and 
petit,  for  as  long  as  this  could  be  done  there  was  but 
little  hope  of  successful  prosecutions. 


THE   WHITE-CAPS.  47 

The  Tennessee  legislature  met  on  the  first  Monday 
of  January,  1897,  only  a  few  days  after  the  Whaley  mur- 
der was  committed,  and  continued  its  session  some 
three  or  four  months.  It  was  therefore  in  session  dur- 
ing the  exciting  weeks  and  months  that  followed  the 
murder  of  the  Whaleys  and  the  general  upheaval  and 
reaction  against  the  practice  of  White-capping  in  Se- 
vier  county.  Counsel  was  sought  from  every  friend  of 
law  and  order,  and  the  conclusion  was  reached  that  the 
good  people  who  were  so  heroically  struggling  for  su- 
premacy against  lawlessness,  should  have  some  addi- 
tional legislation  to  aid  them  in  their  efforts.  This  was 
soon  accomplished  through  friends  of  the  movement 
who  went  to  Nashville  and  presented  the  matter  in  per- 
son to  members  of  the  legislature  and  others  who  at 
once  espoused  the  cause  of  the  people  with  a  zeal  that 
knew  no  limit  short  of  success. 

The  result  was  that  in  a  short  time  a  bill  was  pre- 
pared, known  as  the  anti-White-cap  bill,  introduced  in 
both  houses  and  became  a  law  by  the  governor's  signa- 
ture on  the  24th  day  of  March,  1898. 

In  as  much  as  the  masses  of  the  people  are  not  fur- 
nished directly  with  the  published  acts  of  the  state,  and 
for  this  reason  many  not  having  read  the  law  in  ques- 
tion, we  deem  it  not  out  of  place  to  here  quote  the  first, 
second  and  third  sections  of  this  law,  which  reads  as 
follows : 

''Section  1.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Tennessee,  That  it  shall  be  a  felony,  pun- 
ishable by  from  three  to  twenty-one  years  imprison- 
ment in  the  penitentiary  and  by  full  judgment  of  in- 
farny  and  disqualification,  for  two  or  more  persons  to 


48  THE   WHITE-CAPS. 

enter  into  any  conspiracy  or  combination,  or  to  remain 
in  any  conspiracy  or  combination  under  any  name  or 
upon  any  pretext  whatsoever,  to  take  human  life,  or 
to  engage  in  any  act  reasonably  calculating  to  cause  the 
loss  of  life,  whether  generally  or  of  a  class  or  classes,  or 
of  any  individual  or  individuals,  or  to  inflict  corporal 
punishment  or  injury  whether  generally  or  upon  a  class 
or  classes,  or  upon  an  individual  or  individuals ;  or  to 
burn  or  otherwise  destroy  property  or  to  feloniously 
take  the  same  whether  generally  of  a  class  or  classes  or 
of  an  indivdiual  or  individuals." 

"Section  2.  Be  it  further  enacted,  That  it  shall  be  a 
felony  punished  in  like  manner  as  the  offense  described 
in  the  first  section  of  this  act  for  any  person  either  di- 
rectly or  indirectly  to  procure  or  encourage  any  one 
to  become  or  remain  a  member  of  any  such  unlawful 
conspiracy  or  combination  as  is  described  in  the  first 
section  of  this  act ;  or  for  any  person  either  directly  or 
indirectly  to  aid,  abet  or  encourage  any  person,  to  en- 
gage or  remain  in  such  conspiracies  or  combination  or 
to  aid  or  abet  in  the  accomplishment  of  any  purpose  or 
•  end  of  such  conspiracies  or  combinations. 

"Section  3.  Be  it  further  enacted,  That  no  person  who 
has  been  guilty  of  any  offense  described  in  the  two  pre- 
ceding sections  of  this  act,  shall  be  competent  to  sit  or 
serve  on  any  grand  or  traverse  jury,  and  it  shall  be  the 
duty  of  the  court  to  carefully  exclude  all  such  persons 
from  the  juries,  both  grand  and  petit;  and  when  he 
shall  be  informed  or  shall  have  reason  to  suspect  any 
person  presented  as  a  juror,  guilty  of  any  of  said  of- 
fences, he  shall  call  witnesses,  if  necessary  and  examine 
fully  into  the  truth  of  the  charge ;  he  shall  -dismiss  from 
the  grand  jury  any  person  who  has  been  selected  and 


THE   WHITE-CAPS.  49 

.afterwards  shown  to  be  implicated  in  any  of  said  of- 
fenses." 

These  are  the  principal  sections  of  the  acts  and  show 
its  purpose  and  scope. ' 

The  fourth  section  gives  the  grand  jury  inquisitorial 
powers,  and  makes  it  the  duty  of  the  judges  to  give  it 
specially  in  charge. 

It  will  thus  be  seen  that  the  evil  against  which  the 
above  law  was  directed  especially,  was  regarded  by  the 
legislature  as  one  of  serious  consequences  to  the  people 
of  that  section  where  it  existed,  from  the  very  fact  that 
the  law  which  was  to  up-root  it  was  most  radical  in  its 
provisions  and  scope ;  so  much  so  indeed  that  many  of 
its  friends  feared  that  it  might  be,  by  the  courts,  de- 
clared unconstitutional. 

While  the  word  "White-cap"  is  not  mentioned  in  the 
act,  yet  the  terms  conspiracies,  unlawful  combinations, 
etc.,  fully  cover  the  case  and  are  general  terms  which 
will  include  all  parties  of  this  class  whether  they  belong 
to  an  organization  known  as  "White-caps"  or  "Grave 
Yard  Hosts"  or  some  other  name  of  similar  import. 

The  act  makes  it  unlawful  to  even  belong  to  such  an 
organization.  This  is  one  of  the  provisions  of  the  law 
which  made  the  White-caps  tremble  in  their  boots,  be- 
ing conscious  of  the  fact  that  they  were  not  only  mem- 
bers of  such  an  order,  but  that  it  was  well  known  in  a 
general  way  that  they  did  belong  to  it. 

But  possibly  the  most  effective  provision  of  the  law 
was  the  third  section  which  disqualifies  White-caps 
from  sitting  on  juries,  and,  if  by  chance  they  should 
be  selected,  gives  the  judge  the  power  to  discharge 
them. 


50  THE  WHITE-CAPS. 

It  is  said  that  this  provision  of  the  law  worked 
like  a  charm  in  most  cases.  For  when  any  person  who 
was  either  a  White-cap  or  accused  of  being  one,  was 
named  by  the  county  court  to  serve  as  a  regular  juror 
he  was  either  too  sick  to  attend  court,  and  sent  in  his 
excuse,  or  sent  a  proxy  in  his  stead ;  thereby  avoiding 
the  risk  of  having  his  White-cap  record  inquired  into 
by  the  court.  So  the  mere  existence  of  the  law  upon 
the  statute  books  and  the  declared  purpose  on  the  part 
of  the  law-abiding  people  to  enforce  it  to  the  very  let- 
ter, did  much  to  drive  this  lawless  element  from  the 
county  and  juries  where  they  had  hitherto  been  so  ef- 
fective in  shielding  the  criminal  classes.  The  friends 
and  promoters  of  this  beneficent  measure  now  felt  that 
half  the  battle  was  won,  and  that  all  they  had  to  do  to 
achieve  ultimate  success  over  White-capism,  and  for- 
ever drive  from  the  courts  of  the  county  an  organiza- 
tion that  for  a  time  had  rendered  ineffective  all  law, 
was  to  demand  of  the  Judge  and  Attorney-General  that 
the  law  be  strictly  enforced,  and  no  quarter  whatever 
should  be  given  to  those  who  sought  to  set  it  at  naught. 
For  some  reason,  real  or  apparent,  for  on  this  point 
the  writer  does  not  speak  advisedly,  not  being  in  a  po- 
sition to  know,  the  people  who  had  undertaken  the  task 
of  putting  down  this  lawless  element  had  lost  confi- 
dence in  a  large  measure,  in  Judge  Hicks,  who  was 
then  holding  the  Circuit  Courts  of  Sevier  county  and 
had  been  for  a  number  of  years.  Most  people  gave  him 
the  credit  of  being  an  honest  and  conscientious  man, 
but  they  claimed  that  he  did  not  have  the  firmness  and 
the  moral  courage  to  stand  up  in  the  face  of  these  ene- 
mies of  the  people,  who  had  so  long  infested  his  courts 
with  such  disastrous  results,  and  administer  the  law 


THE   WHITE-CAPS.  51 

with  that  firmness  and  vigor  absolutely  necessary  at 
this  particular  crisis. 

Public  sentiment  was  now  all  right,  and  the  law- 
abiding  people  were  much  encouraged.  They  had  just 
succeeded  in  having  a  law  enacted,  the  very  thoughts 
of  which  and  especially  its  enforcement,  struck  terror 
into  the  hearts  of  their  enemies,  and  it  was  felt  that  an- 
other and  a  firmer  judge  than  Judge  Hicks,  was  in- 
dispensably necessary  to  deal  with  the  White-caps  and 
administer  the  law  in  Sevier  county.  So  it  was  decided 
that  the  Second  Judicial  Circuit,  presided  over  by 
Judge  W.  R.  Hicks,  should  be  so  changed  as  to  take 
Sevier  county  from  said  circuit  and  add  it  to  the  Crimi- 
nal District  of  Knox  county  presided  over  by  Judge 
Thomas  A.  R.  Nelson. 

The  State  legislature,  which  had  already  been  en- 
listed in  behalf  of  the  good  citizens  of  the  section  af- 
flicted with  White-caps,  was  now  again  appealed  to  for 
the  change  in  the  Judicial  circuits  as  above  indicated. 
Accordingly  a  bill  was  enacted,  into  a  law,  which  de- 
tached the  Circuit  Court  of  Sevier  county  from  the  Sec- 
ond Judicial  District  and  transferred  and  attached  it  to 
the  Criminal  District  of  Knox  county,  which  imposed 
upon  Judge  Nelson  the  duty  of  holding  the  Circuit 
Courts  of  Sevier  county. 


CHAPTER  X. 

"  A   DANIEL   COME   TO   JUDGMENT." 

The  Whfte-caps  must  have  thought  the  change  a  bad 
one  for  them,  for  it  is  said  every  one  of  them  bitterly 
opposed  it,  while  some  of  the  bolder  ones  made  light 
of  the  fact  that  Judge  Nelson  should  go  to  Sevier  coun- 
ty for  the  purpose  of  punishing  White-caps.  Judge 
Nelson  held  his  first  court  in  Sevierville  in  July,  1897, 
an  event  which  for  weeks  prior  to  this  time,  had  been 
'ooked  forward  to  with  extraordinary  interest.  All 
?,orts  of  stories  had  been  circulated  as  to  what  kind  of 
a  man  the  new  Judge  was,  and  what  the  real  purpose 
and  scope  of  his  mission  would  be.  Some  thought  all 
he  had  to  do.  was  to  hunt  out  the  White-caps  and  send 
them  to  the  penitentiary  or  hang  them,  without  a  trial 
by  jury  or  the  benefit  of  clergy ;  while  others  thought 
he  world  not  have  the  nerve  and  the  courage  to  go  into 
a  White-cap  community  and  hold  courts  where  all  kind 
of  threats  had  gone  forth  against  courts,  lawyers,  offi- 
cers and  all  who  dared  to  speak  out  against  White-cap 
outrages. 

But  the  time  for  holding  the  July  court  came  and 
with  it  came  Judge  Nelson  and  Attorney-General  E. 
Fred.  Mynatt,  ar>d  when  court  was  called  on  that  July 
morning  it  is  said  that  the  little  town  of  Sevierville  was 
never  so  thronged  with  people ;  all  anxious  to  see  the 
new  Judge  and  new  Attorney-General. 

The  ne"\v  court  house  was  packed  as  long  as  one 
could  get  into  it.  Everybody  wanted  to  hear  the 


THE   WHITE-CAPS.  53 

Judge's  charge  and  know  what  he  had  to    say,    and 
whether  he  would  say  anything  about  White-caps. 

On  this  subject  everybody's  curiosity,  if  it  may  be 
called  that,  was  satisfied.  After  giving  the  grand  jury 
a  very  strong  and  vigorous  charge  on  the  usual  statu- 
tory offences,  he  then  drew  a  copy  of  the  new  White- 
cap  law  from  his  pocket  (as  it  had  not  yet  been  pub- 
lished in  the  Acts)  and  in  a  cool  and  deliberate  manner, 
he  stated  the  scope  and  purpose  of  the  law  and  the 
causes  which  had  brought  it  about. 

It  is  said  by  those  v,rho  had  the  good  fortune  to  hear 
it,  that  he  delivered  one  of  the  ablest  and  most  eloquent 
charges  on  this  subject  that  they  ever  heard  fall  from 
the  lips  of  any  judge.  He  did  not  mince  words  nor 
seek  evasions,  but  went  straight  to  the  core  of  the  sub- 
ject in  hand.  Every  word  struck  terror  to  the  very 
hearts  of  the  White-caps  who  were  present,  and  when 
he  had  finished  there  was  a  feeling  of  relief  in  the  mind 
of  every  law-abiding  citizen  in  the  house.  The  anti- 
White-  caj-  cause  had  been  strengthened  a  hundred  per 
cent.,  and  nobody  felt  that  there  would  be  a  failure  on 
the  judge's  part  to  administer  the  law  without  fear,  fa- 
vor or  affection. 

It  was  now  felt  that  complete  victory  was  within  the 
power  of  the  people  through  the  medium  of  the  courts, 
and  that  violators  of  the  law  whether  White-caps  or 
not,  would  suffer  the  penalties  of  the  law. 

At  this  term  but  few  White-caps  reported  as  jurors 
although  several  were  on  the  lists  and  most  of  those 
who  did  report  disqualified.  A  few,  however,  found 
their  way  into  the  jury  box  and  when  that  fact  was 
brought  to  the  attention  of  the  court  he  summarily  de- 


54  THE  WHITE-CAPS. 

posed  them,  with  the  declaration  that  if  they  were 
White-caps  they  had  no  more  right  to  sit  on  a  jury  than 
a  horse  thief. 

Since  Judge  Nelson  has  been  holding  the  courts  at 
Sevierville  it  has  been  as  easy  to  convict  White-caps  as 
any  one  else,  and  some  of  the  most  noted  cases  known 
to  the  bar  of  Tennessee  have  been  tried  in  this  court, 
among  which  may  be  mentioned  the  cases  of  the  State 
against  Pleas  Wynn  and  Catlett  Tipton,  charged  with 
the  murder  of  William  and  Laura  Whaley,  which  has 
already  been  referred  to.  Everybody  feels  now,  that 
White-capping  is  a  thing  of  the  past  in  Sevier  county, 
and  no  further  outbreak  is  feared.  Several  causes  as 
above  stated  conspired  to  bring  about  this  happy  state 
of  affairs  where  only  a  short  time  ago  lawlessness  pre- 
vailed and  no  man  felt  that  he  or  his  property  was  pro- 
tected by  the  stiong  arm  of  the  law. 

We  cannot  close  this  chapter  without  making  per- 
sonal mention  of  a  few  of  the  persons  among  the  many 
that  the  people  of  Sevier  county  owe  a  debt  of  gratitude 
to,  for  the  important  part  they  took  in  restoring  peace 
and  safety  to  that  rich  and  prosperous  county.  And 
first  among  the  list  is  Tom  H.  Davis,  the  present  sheriff 
of  Sevier  county. 

He  led  the  crusade  against  White-capping  from  the 
start.  He  boldly  denounced  them  in  public  and  pri- 
vate and  encouraged  the  people  to  do  the  same  thing. 
He  as  a  deputy  sheriff  hunted  down  men  charged  with 
murder  and  landed  them  in  jail ;  he  offered  rewards  for 
criminals  from  his  own  private  means  and  persuaded 
others  to  do  the  same  thing ;  he  went  to  Nashville  at  his 
own  expense  and  stayed  several  weeks,  securing  the 


THE   WHITE-CAPS.  55 

enactment  of  the  two  laws  above  referred  to  in  this 
chapter.  He,  in  truth  was  the  moving-  spirit  in  setting 
on  foot  this  legislation ;  he  procured  the  assistance  and 
influence  of  Hon.  G.  W.  Pickle,  attorney-general  of  the 
state,  and  even  Governor  Taylor  himself. 

Hon.  John  C.  Houk,  Senator  from  this  Senatorial 
district,  took  especial  interest  in  these  measures  and  be- 
came their  champion  in  the  Senate. 

Representative  Parton  took  an  active  part  and  gave 
his  influence  in  the  House. 

While  Judge  Nelson  as  has  been  stated,  by  his  bold 
and  fearless  stand  in  dispensing  the  law  inspired  the 
people  with  new  life  and  hope,  it  should  not  be  forgot- 
ten that  General  E.  F.  Mynatt,  the  able  attorney-gen- 
eral of  the  Knox  county  criminal  district,  has  been  no 
less  a  potent  factor  in  bringing  the  guilty  to  justice  and 
driving  the  White-caps  from  the  courts  and  many  of 
them  from  the  country.  Some  of  his  efforts  in  prose- 
cuting White-cap  murderers,  were  remarkable  for 
vigor  and  ability.  His  closing  arguments  before  the 
juries  in  the  Wynn  and  Tipton  cases  is  said  to  have 
been  the  finest  efforts  of  his  life  and  the  most  eloquent 
appeals  ever  made  to  a  jury  in  Sevier  county.  Men  and 
women  wept  like  children,  and  the  jurors  were  scarcely 
less  affected. 

The  attorney-general  was  ably  assisted  in  these 
prosecutions  by  his  brother,  R.  A.  Mynatt,  assistant  at- 
torney-general. 

In  these  cases  the  judge  and  the  attorney-general  can 
feel  that  they  have  discharged  their  duty,  acting  under 
their  oaths  as  officers  of  the  law.  In  the  discharge  of 
these  duties  they  were  ably  assisted  by  Sheriff  Maples, 


56  THE   WHITE-CAPS. 

and  his  deputies,  Davis,  Keener,  McGill  and  others,  to 
whom  the  people  of  Sevier  county  will  always  feel 
grateful  for  their  services  in  driving"  White-capping 
from  the  county. 

No  White-cap  outrages  have  been  committed  in  the 
county  for  nearly  two  years,  and  none  at  all  we  are  told 
since  Judge  Nelson  was  assigned  the  duty  of  hold- 
ing the  courts  in  that  county. 

There  is  as  much  quiet  and  order  in  Sevier  county 
now  if  reports  be  true  as  any  county  in  the  State.  And 
even  the  little  town  of  Sevierville,  which  for  a  time  was 
the  center  and  hot-bed  of  White-capping,  and  noted  for 
a  gang  of  "toughs"  and  general  lawlessness,  is  now  as 
quiet  and  orderly  as  any  town  in  East  Tennessee. 

A  rather  amusing  incident  has  been  reported  to  the 
writer  as  having  occurred  in  Sevierville  on  the  first 
night  that  Judge  Nelson  and  General  Mynatt  spent  in 
that  town,  just  prior  to  opening  their  first  term  of 
court. 

Perhaps  a  dozen  of  the  young  bloods  of  the  town 
who  had  been  in  the  habit  of  making  night  hideous 
with  their  escapades,  and  on  this  particular  occasion  no 
doubt  backed  and  encouraged  by  the  White-caps  who 
had  not  yet  made  Judge  Nelson's  acquaintance,  con- 
cluded that  they  would  have  some  fine  sport  at  the 
expense  of  the  new  judge  and  attorney-general.  They 
thereupon  organized  their  company  and  marched  up 
and  down  the  street  in  front  of  the  hotel  where  the 
judge  and  attorney-general  were  stopping,  singing: 
"Hang  Judge  Nelson  to  a  sour  apple  tree,"  etc.,  and 
then  they  would  repeat  the  same  with  General  My- 
natt's  name,  much  to  the  annoyance  of  the  visitors  who 


ATTORNEY-GENERAL,   E.    F.    MYNATT. 


THE   WHITE-CAPS.  57 

had  been  told  all  sorts  of  stories  about  what  they  would 
see  and  hear  in  that  White-cap  town.  But  the  judge, 
while  no  doubt  annoyed,  was  not  to  be  intimidated  by 
this  sort  of  conduct,  and  thereupon,  sought  the  sheriff 
or  someof  his  deputies  and  had  him  to  secure  the  names 
of  all  of  the  night  songsters,  and  turn  them  over  to  the 
attorney-general  with  instructions  to  indict  every  one 
of  them  for  nuisances  and  general  "cussedness"  as  soon 
as  his  grand  jury  was  ready  for  work.  It  was  not  long 
before  this  was  done,  and  some  time  on  Monday  the 
sheriff  appeared  before  the  bar  with  about  a  dozen 
pale-faced  young  Americans  who  were  charged  with 
belonging  to  the  Saturday  night's  choir.  The  judge 
thereupon  delivered  them  a  lecture  they  will  perhaps 
never  forget,  and  ordered  them  to  give  bond  for  their 
appearance  at  a  future  day,  at  which  time  they  must 
answer  for  their  conduct  on  the  previous  Saturday 
night.  The  boys  retired  feeling  that  they  had  awak-' 
ened  the  wrong  passenger.  What  became  of  the  boys 
and  the  indictments  against  them  we  are  not  informed, 
but  we  understand  that  Judge  Nelson  and  General  My- 
natt  have  never  since  been  disturbed  by  these  or  other 
parties  in  their  night  slumbers  and  meditations. 


Sevier  county  is  one  of  the  largest  and  richest  coun- 
ties in  East  Tennessee,  noted  for  its  rich  farming  lands 
and  beautiful  rivers  and  mountain  scenery,  as  well  as 
the  intelligence  and  prosperity  of  its  citizens.  But  it 
has  one  blot  upon  its  history  and  that  is  its  White-cap 
record.  This  only  exists  now,  in  history  and  not  in 


58  THE   WHITE-CAPS. 

practice.  The  people  are  now  making  rapid  strides  to 
recover  what  they  have  lost  in  the  last  few  years  in 
reputation.  They  have  recently  constructed  one  of  the 
most  beautiful  and  convenient  courthouses  in  East 
Tennessee,  and  are  now  engaged  in  building  a  splen- 
did pike  road  from  Sevierville  to  Knox  county  which 
will  be  worth  thousands  of  dollars  to  them. 

Long  may  they  live  to  enjoy  the  peace  and  prosper- 
ity which  now  prevails  in  that  beautiful  section  of  East 
Tennessee,  nestling  as  it  does  around  the  foot  of  the 
great  Smoky  Mountains. 


CHAPTER  XL 

SOME  OF  THE  RESULTS  WHICH  FOLLOWED  WHITE- 
CAPPING  IN  SEVIER  COUNTY. 

There  is  an  old  adage  that  "Politics  makes  strange 
bed  fellows."  The  reader  can  no  doubt  recall  one  or 
more  instances  in  which  the  above  statement  has  been 
verified  in  his  own  experience.  And  what  is  true  of 
politics  in  this  sense,  may  also  be  said  of  White-cap- 
ping so  far  as  it  affected  the  public  and  the  people  in 
Sevier  county.  Indeed  as  a  general  proposition,  may  it 
not  be  said  that  this  holds  good  in  reference  to  any  sub- 
ject or  issue  which  becomes  absorbing  and  calls  forth 
different  views  and  discussions  by  the  people?  Men 
with  or  without  studying  public  questions,  ally  them- 
selves with  one  side  or  the  other  and  thereby  risk  their 
popularity  and  their  fortunes  with  the  choice  made. 
Nor  are  men  always  controlled  in  their  choice  by  right  • 
and  wrong  or  the  moral  aspect  of  the  questions  in- 
volved. Some  it  is  true  circumscribe  their  conduct  and 
actions  by  moral  motives,  while  others  are  influenced 
by  gain,  or  popularity,  while  still  others  are  controlled 
by  a  sordid  ambition  which  knows  no  bounds  short  of 
general  deviltry  and  revenge. 

As  we  have  had  occasion  to  say,  perhaps  more  than 
once  in  these  pages,  those  who  took  the  initiatory  steps 
in  White-capping  in  Sevier  county  were  prompted 
by  proper  motives  but  were  evidently  guided  by 
false  reasoning,  but  many  persons,  even  on  as  grave 


60  THE    WHITE-CAPS. 

matters  as  these  do  not  stop  to  reason,  but  act  from 
first  impulses.  From  one  motive  or  another  a  suffi- 
cient number  of  people  were  willing  to  cast  their  for- 
tunes with  those  who  believed  in  the  new  methods  of 
reform,  to  make  it  a  strong  and  popular  organization 
among  the  citizens  of  Sevier  county. 

Some  men  joined  the  White-caps  for  their  influence 
in  trade  and  from  a  business  standpoint ;  some  for  their 
influence  in  elections,  for  it  was  known  that  they  could 
make  or  unmake  officers  at  will;  others  joined  them 
because  of  the  protection  the  order  could  afford  them 
in  the  commission  of  crime,  or  for  crimes  already  com- 
mitted. So  it  is  well  known  that,  at  one  time  in  Sevier 
county,  the  anti-White-cap  had  the  laboring  oar  to 
handle,  and  was  the  "under  dog"  in  the  fight.  Men 
were  looked  upon  as  odious,  and  were  taunted  and  in- 
timidated because  they  saw  proper  to  side  with  those 
who  sought  to  lead  the  anti-White-cap  forces  and  sen- 
timent. 

In  course  of  time  though  the  tide  changed,  influen- 
ces fast  accumulated  against  the  White-caps  and  they 
were  put  on  the  defensive.  Some  of  them  were  men  of 
means  and  they  had  spent  their  money  freely  to  for- 
ward the  interest  of  their  pet  organization,  and  to  as- 
sist those  who  had  cast  their  fortunes  with  it  for  pro- 
tection. And  when  the  general  crash  came,  as  we  have 
seen  that  it  did,  many  a  White-cap  woke  up  to  the  aw- 
ful fact  that  his  investment  in  the  organization  had  left 
him  without  money,  without  friends  and  without  char- 
acter. He  was  regarded  as  unworthy  of  belief  as  a  wit- 
ness in  a  court  of  record.  He  was  disqualified  by  spe- 
cial statute  from  sitting  on  either  grand  or  petit  juries, 


THE   WHITE-CAPS.  6 1 

and  in  effect  rendered  infamous.  Indeed  the  way  of 
the  White-capper  is  hard.  He  is  now  down  and  every- 
body who  passes  gives  him  a  kick.  His  crime  is  great 
and  the  full  enforcement  of  the  law  is  demanded 
against  him. 

The  legislature  is  petitioned  and  grants  new  laws 
for  the  purpose  of  more  effectually  punishing  him. 
judges  are  summarily  disposed  of  and  others  installed 
in  their  places,  in  order  that  punishment  may  be  more 
swift  in  overtaking  him.  He  is  indicted,  arrested  and 
put  in  jail,  and  disallowed  bail.  Public  sentiment  is  so 
strong  against  him  that  it  can  be  felt  in  the  very  air 
around  him,  and  he  cannot  get  a  fair  trial  on  his  native 
heath,  but  is  forced  to  go  among  strangers  for  a  trial. 
How  changed  the  condition  of  the  White-cap  now  and 
a  few  years  ago,  when  his  word  was  law  and  courts  and 
juries  were  to  him  as  chaff  before  the  wind  ! 

The  pendulum  indeed  has  swung  to  the  other  side, 
and  it  may  well  be  questioned  whether  wrongs  and  ex- 
ceses,  though  unintentional,  may  not  be  indulged  in 
on  the  other  extreme.  This  is  generally  true  in  refer- 
ence to  all  reforms-  But  let  us  hope  in  these  matters 
that  the  golden  medium  may  be  found  and  accepted, 
and  that  scales  of  justice  may  be  correctly  poised  so 
that  every  man  may  know  and  respect  the  law. 

After  the  collapse  of  the  White-cap  organization 
came,  it  is  remarkable  how  soon  its  leaders  disap- 
peared. Some  left  the  county  and  the  state  to  avoid 
prosecutions;  others  feeling  that  their  credit, 
their  character  and  in  a  measure  their  property 
was  gone,  disposed  of  their  remaining  assets  and  went 
•to  unknown  parts.  Some  have  been  killed,  while  oth- 


62  THE   WHITE-CAPS. 

ers  are  in  the  courts  either  awaiting  trial  or  the  execu- 
tion of  the  sentences  that  have  been  pronounced 
against  them.  Another  large  class  of  citizens  who 
have  either  been  regarded  as  White-caps  or  in  sym- 
pathy with  them,  but  in  no  sense  leaders,  afe  now  liv- 
ing quiet  retired  lives  and  apparently  show  little  or  no 
sympathy  with  the  now  defunct  institution. 

Public  sentiment  has  been  so  revolutionized  that 
White-capism  is  now  viciously  attacked  and  unmerci- 
fully condemned  on  every  hand.  It  is  natural  therefore 
that  those  who  feel  themselves  guilty  should  want  to 
be  as  quiet  and  retired  as  possible. 

To  show  how  much  White-capping  and  White-caps 
are  hated  in  Sevier  county,  and  how  the  people  regard 
those  who  took  a  leading  part  in  breaking  it  up  and 
driving  it  from  their  midst,  it  is  only  necessary  to  call 
attention  to  the  late  election  for  sheriff  in  that  county. 

Sevier  county  is  one  of  the  strongest  republican 
counties  in  the  state,  there  being  about  four  thousand 
voters  in  the  county  and  not  over  four  hundred  of  these 
democrats,  or  about  one  out  of  every  ten.  In  that  elec- 
tion there  were  two  candidates  for  the  office  of  sheriff, 
to-wit :  R.  H.  Shields  a  life  long  and  consistent  repub- 
lican, and  T.  H.  Davis,  a  life-long  and  consistent  demo- 
crat. Not  only  is  Shields  a  republican,  but  a  man  of 
unblemished  character  and  splendid  qualifications  to 
discharge  the  duties  of  the  office.  He  was  never  a 
White-cap  nor  a  White-cap  sympathizer,  but  a  man  of 
exemplary  habits,  who  believes  in  the  supremacy  of  the 
law.  Mr.  Shields,  however,  is  not  aggressive  in  his 
manner,  but  rather  quiet  and  unobtrusive,  and  during 
the  White-cap  upheavals  in  the  county  he  took  little 


THE   WHITE-CAPS.  63 

or  no  stock  in  them  so  far  as  was  generally  known,  be- 
ing content  to  let  them  alone  if 'they  would  him. 

On  the  other  hand,  Mr.  Davis  as  stated  was  a 
strong  democrat,  but  like  Mr.  Shields  a  man  of  good 
character  and  excellent  qualifications  for  the  office.  He 
is,  however,  a  man  not  only  of  pronounced  views  on 
important  questions,  but  very  aggressive  in  declaring 
them  an.l  carrying  them  into  execution.  So  when  the 
White-cap  subject,  became  the  all  absorbing  topic  in 
the  county,  Davis  was  among  the  first  to  speak  out 
boldly  against  it>  and  declare  it  unlawful  and  revolu- 
tionary in  its  character.  He  showed  the  White-caps 
no  quarters,  and  vigorously  attacked  them  wherever  he 
went.  By  reason  of  the  bold  stand  he  had  taken  against 
this  lawless  element,  he,  though  a  pronounced  demo- 
crat, had  been  appointed  a  deputy  sheriff  of  the  county 
by  M.  F.  Maples  when  elected  sheriff  in  1896.  It  was 
unusual  in  that  county  for  the  sheriff  to  appoint  even  a 
deputy  who  was  a  democrat,  but  in  this  instance  he 
took  the  risk  and  made  the  appointment.  It  was  soon 
learned  that  he  had  made  no  mistake,  for  Davis  at  once 
showed  himself  to  be  an  active,  wide-awake  officer. 
This  appointment  afforded  him  a  field  of  operation  he 
had  long  wanted  and  that  was  to  hunt  down  White- 
caps  and  bring  them  to  justice.  His  work  along  these 
lines  has  been  referred  to  in  another  place  in  this  vol- 
ume, and  need  not  here  be  repeated. 

His  two  years  experience  as  a  deputy  sheriff  had 
given  Davis  an  extended  acquaintance  over  the  county 
which  was  worth  a  great  deal  to  him  in  his  coming 
race.  Shields  had  likewise  been  before  the  public  be- 
fore and  was  well  known  to  the  masses  of  the  people. 


64  THE   WHITE-CAPS. 

The  two  candidates  thus  equipped  entered  the  contest. 
Shields  had  the  advantage  in  his  politics,  and  to  off- 
set this,  Davis  launched  forth  his  anti-White-cap  rec- 
ord. On  these  two  issues  the  battle  was  waged.  Se- 
vier  county  had  not  elected  a  democratic  sheriff  since 
the  civil  war,  nearly  forty  years,  and  it  was  not  be- 
lieved by  Davis'  most  ardent  suporters  that  he  could 
overcome  the  enormous  political  majority  against  him. 
While  men  were  wedded  to  their  party  and  hated  to 
break  away  from  it,  yet  they  felt  that  to  get  rid  of 
White-cap  dominatipn  and  all  the  attendant  evils  it  had 
brought  upon  the  people,  was  far  more  preferable  at 
this  time  than  a  party  victory.  The  White-caps  did 
not  stop  at  party  lines,  neither  should  those  who  in- 
tended to  wage  war  on  them.  Politics,  it  was  argued, 
was  a  good  thing  in  its  place,  but  when  men's  lives  and 
their  property,  the  protection  of  their  homes,  their 
wives  and  their  children  are  all  at  stake,  men  should 
close  their  eyes  to  politics  and  vote  for  the  man  who 
stands  and  has  stood  closest  to  their  interests.  The  war 
on  White-  caps  has  been  successfully  waged  and  they 
were  now  on  the  run,  but  it  would  not  do  to  give  up 
their  general  at  the  critical  movement. 

Arguments  like  these  were  used  by  Davis  friends 
with  telling  effect.  Old  men  who  never  had  voted  a 
democratic  ticket  in  their  lives,  ignored  the  question  of 
party  politics  and  voted  for  Tom  Davis.  Republicans 
and  old  Federal  soldiers  left  their  business,  and  can- 
vassed the  county  in  his  interest.  Shields'  friends 
could  not  check  the  tide.  They  argued  that  Shields 
was  no  White-cap  nor  White-cap  sympathizer  and  if 
elected  would  show  them  no  favors,  and  besides  he  was 


THE   WHITK  CAPS.  65 

a  republican,  all  of  which  was  true,  but  Davis  had 
fought  the  White-cap  battles  and  won  the  victory  and 
he  must  be  rewarded. 

The  people  voted  for  Davis  not  because  they  liked 
democrats  more,  but  because  they  liked  White-caps 
less.  On  these  lines  the  two  candidates  for  sheriff 
waged  their  contest.  What  White-caps  were  left  in  the 
county  and  their  sympathizers  had  no  candidate  in  the 
field,  but  as  between  Shields  and  Davis  they  naturally 
went  to  the  former.  They  all  hated  Davis  too  bad,  he 
had  been  their  unrelenting  enemy,  and  pursued  them 
into  the  last  entrenchment.  No  argument  could  draw 
this  element  to  him,  so  it  naturally  went  to  Shields,  who 
if  he  had  not  helped  them,  had  not  done  them  any 
harm.  This  was  the  turning  point  in  the  election.  A 
large  number  of  people  only  wanted  to  know  whom  the 
White-caps  were  for,  and  this  known  they  would  vote 
for  the  other  candidate.  Many  former  admirers  and 
supporters  of  Shields,  when  they  learned  that  the  frag- 
ments of  the  White-cap  forces  had  gone  to  him,  imme- 
diately left  him  and  went  to  Davis,  saying  they  hated 
to  vote  with  the  democrats,  but  preferred  it  to  voting 
with  White-caps. 

Although  Shields  saw  that  this  very  thing  was 
weakening  him,  yet  he  could  not  afford  to  say  to  the 
White-caps  that  he  did  not  want  their  support.  This 
is  one  of  the  times  the  candidates  supporters  defeated 
him — his  strength  became  his  weakness — and  when 
the  conflict  was  over  and  the  smoke  of  battle  cleared 
away  Davis  was  elected  by  a  majority  of  74  votes,  out 
of  a  total  vote  of  3,530. 

Thus  it  is  that  Sevier  county,  almost  solidly  repub 
lican  in  a  single-handed  race  between  a  republican  and 


66  THE   WHITE-CAPS. 

a  democrat,  neither  having  the  advantage  of  the  other 
in  point  of  character  and  qualifications,  to-day  has  a 
democratic  sheriff.  It  cannot  properly  be  said  that  it 
was  Shields'  weakness  that  caused  his  defeat,  because 
he  was  not  a  weak  candidate,  it  was  rather  the  strength 
of  the  other  man,  combined  with  the  peculiar  condi- 
tion of  things  as  they  then  existed  and  had  existed  in 
the  county.  "It  was  a  condition  and  not  a  theory"  that 
confronted  the  people  at  this  time,  and  no  other  repub- 
lican perhaps  in  the  country  under  the  same  circum- 
stances could  have  been  elected.  It  is  just  one  of  the 
strange  things  that  sometimes  happens  in  the  history 
of  any  people,  especially  in  times  of  excitement  and 
great  agitation  over  grave  public  questions.  It  is  the 
fruit  of  a  revolutionary  spirit  that  sometimes  possesses 
people. 

Ten  years  ago,  if  one  in  a  serious  mood  had  asserted 
that  in  the  year  1898,  the  people  of  Sevier  county  by 
popular  vote  would  elect  a  democratic  sheriff  in  a  sin- 
gle-handed race  between  two  good  men  as  in  this  case, 
he  would  have  been  laughed  at  in  derision,  if  not  put 
down  as  a  lunatic. 

Tom  Davis  never  would  have  been  sheriff  of  Sevier 
county  had  it  not  been  for  the  White-cap  question.  It 
is  part  of  the  sequel  of  Sevier  county'  "Reign  of  Ter- 
ror." 

There  are  some  other  questions  and  coincidences 
growing  out  of  Davis  election  as  sheriff  and  the  White- 
cap  question  which  it  is  deemed  appropriate  to  be  men- 
tioned here. 

Sheriff  Davis,  Pleas  Wynn  and  Catlett  Tipton  were 
all  raised  up  together  in  the  same  neighborhood.  They 


YHE  WHITE- CAPS.  67 

were  school  boys  together  and  played  together  in  the 
common  sports  of  the  day.  Always  friends,  they  would 
fight  for  each  other  at  a  moment's  warning.  When 
baseball  was  the  "rage"  among  the  boys  of  that  section 
several  years  ago,  they  all  belonged  to  the  same  team 
of  which  Tom  was  their  captain.  They  planned  and 
took  counsel  together  as  to  how  they  would  defeat 
their  foe  upon  the  ball  field,  and  scarcely  ever  went 
down  in  defeat.  But  in  course  of  time  their  paths  di- 
verged, and  they  traveled  in  different  fields  and  oper- 
ated on  different  lines. 

Davis  settled  down  and  for  several  years  lived  the 
atiiet  life  of  a  farmer.  Tipton  followed  his  chosen 
trade,  a  carpenter ;  while  Wynn  had  no  special  occupa- 
tion, but  drifted  around ;  much  of  his  time  being  spent 
in  idleness  and  unprofitable  fishing  and  hunting.  When 
White-capping  sprang  up  in  the  county,  Tipton  drifted 
into  that  and  became  its  leader  and  captain,  with  Pleas 
Wynn  as  a  good  lieutenant,  while  Davis  became  the 
leader  of  those  who  opposed  it.  In  this  sense  they 
were  enemies.  Davis  was  after  the  White-caps  and 
Tipton  was  after  anybody  that  was  pursuing  him  or  his 
men.  When  the  final  clash  came  fortune  favored  Da- 
vis. As  deputy  sheriff  he  arrested  Wynn  and  Tipton 
for  the  murder  of  the  Whaleys,  took  a  leading  part  in 
their  prosecution  and  this  naturally  made  them  his  bit- 
ter enemies,  but  it  helped  to  make  him  sheriff  of  the 
county.  Now  Wynn  and  Tipton  are  condemned  to  die 
on  the  4th  of  January,  1899,  upon  the  gallows,  and  un- 
less this  decree  is  changed,  it  will  become  the  duty  of 
Tom  Davis,  their  former  friend  and  playmate,  but  af- 
terwards their  most  hated  enemy,  to  carry  into  effect 


68  THE   WHITE-CAPS. 

this  solemn  decree  of  the  highest  court  in  the  common- 
weaMi  of  Tennessee. 

These  are  not  only  interesting  facts  and  coinci- 
dences when  studied  in  connection  with  the  lives  and 
histories  of  these  three  Sevier  county  boys,  but  they 
form  a  part  of  the  sequel  in  the  history  and  downfall  of 
one  of  the  most  noted  gangs  of  outlaws  known  to  mod- 
ern civilization. 


CHAPTER  XII. 

THOMAS    H.    DAVIS. 

Thomas  Houston  Davis  was  born  in  Sevier  county  on 
the  yth  of  August,  1864.  He  is  the  son  of  J.  D.  Davis,  a 
prosperous  farmer,  living  four  miles  below  Seviervilie, 
on  the  Knoxville  and  Seviervilie  road.  His  mother, 
Mary  J.  Davis,  is  the  daughter  of  Judge  Samuel 
Pickens,  of  Sevier  county.  His  early  life  was  spent 
on  the  farm.  He  attended  the  public  schools  of  the 
county,  two  terms  at  Carson  college  and  one  at  the 
Knoxville  Business  college.  He  taught  school  four 
sessions  and  then  returned  to  the  farm.  In  the  year 
1887  he  was  married  to  Linnie  A.  Adams,  daughter  of 
T.  F.  Adams,  of  Strawberry  Plains.  After  his  mar- 
riage, he  lived  a  quiet  farmer's  life  up  to  the  year  1894 
when  he  was  appointed  deputy  sheriff  by  sheriff  M.  F. 
Maples. 

The  fight  which  he  made  against  the  White-cap 
organization  in  Sevier  county  presents  a  case  of  unpar- 
alleled bravery,  perseverance  and  skill.  He  stood 
alone  against  650  outlaws,  turned  the  tide  and  won 
the  victory. 

White-caps  no  longer  rule  supreme  in  Sevier  county. 
Overawed  by  his  boldness,  determination  and  shrewd 
detective  work,  they  at  last  weakened  and  gave  up  the 
fight.  L,ike  a  trembling  culprit,  standing  upon  the 
very  verge  of  eternity  with  the  gallows  staring  him  in 
the  face,  they,  too,  saw  that  justice  had  at  last  over- 
taken them.  Thus,  the  dense  clouds  that  over- 


70  THE   WHITE-CAPS. 

shadowed  Sevier  county  began  to  break  and  move 
slowly  away  while  gleams  of  sunshine  flashed  between 
them  as  they  passed,  lighting  up  the  hearts  of  the 
people  with  rays  of  hope. 

They  recognized  in  Tom  Davis  a  leader  that  knew 
no  such  word  as  defeat,  and,  rallying  to  his  support, 
vowed  they  would  all  stand  by  him  to  the  "  bitter 
end."  Thus  began  the  great  struggle  to  overthrow 
White-capism  and  restore  law  and  order  in  Sevier 
county. 

Few  men  have  endured  as  many  hardships  or  had  as 
many  hair-breadth  escapes  in  the  same  length  of  time 
as  the  subject  of  this  sketch.  Fearless  and  undaunted, 
he  pressed  forward  with  a  determination  to  win  or  die 
in  the  effort,  and  therefore  overcame  all  opposition  and 
surmounted  every  obstacle.  Although  many  threats 
were  made  against  his  life,  his  road  waylaid  at  differ- 
ent times  and  his  close  friends  and  relatives  advised 
him  to  give  up  the  struggle,  resign  his  office  and  flee 
the  country  until  excitement  abated,  he  still  went 
about  wearing  the  same  usual  smile  on  his  face  and 
quietly  working  up  the  evidence  that  was  slowly,  but 
surely,  weaving  a  web  around  the  necks  of  some  of  the 
most  noted  outlaws  that  ever  set  foot  on  Tennessee 
soil.  He  was  not  deterred  from  his  purpose,  and  when 
warned  by  his  friends  of  his  perilous  undertaking  only 
replied :  "  The  time  has  come  when  some  man  must 
undertake  it,  or  our  county  is  ruined." 

The  day  that  Pleas  Wynn  and  Catlett  Tipton  were 
arrested  on  the  public  square  in  the  town  of  Sevierville 
and  led  to  the  court  house  by  deputy  sheriff  Tom 
Davis  is  a  day  that  will  ever  live  in  the  minds  of  the 


THE   WHITE-CAPS.  71 

people.  The  crash  had  come  at  last,  and  the  turning 
point  in  the  lives  of  two  noted  White-caps  and  outlaws 
had  been  reached.  They  had  evidently  run  their 
course,  and  the  first  link  in  the  chain  that  for  years 
bound  together  a  band  of  desperadoes  had  been  broken. 

We  will  not  attempt  to  give  a  detailed  account  of  all 
his  exploits,  but  will  mention  some  of  the  most  noted 
ones  ;  those  pertaining  to  White-caps  alone. 

He  has  arrested  and  assisted  in  the  arrest  of  thirty- 
four  White-caps,  and  is  familiarly  known  in  East 
Tennessee  as  the  famous  White-cap  detective.  When 
asked  as  to  how  he  had  achieved  such  great  success, 
he  replied  :  "  My  success  is  due  more  to  the  fact  that 
I  kept  my  own  secrets  than  anything  else." 

He  would  often  disappear  and  be  gone  for  weeks  at 
a  time,  when  even  his  closest  friends  would  not  know 
his  whereabouts.  The  White-caps  would  grow  uneasy 
when  he  did  not  appear  every  day  on  the  streets  of 
Sevierville.  And  oftentimes  his  friends  would  be  very 
anxious  to  know  about  him.  In  the  course  of  time, 
Tom  would  return  from  some  other  State,  bringing 
with  him  some  noted  criminal. 

When  the  famous  Whaley  murder  occurred,  Tom 
was  on  his  way  to  East  Burnstead,  Ky.,  where  he  bad 
located  one  J.  J.  Robison.  He  went  to  his  home  one 
night  and  knocked  at  the  front  door,  but  no  response 
came.  He  attempted  to  batter  it  down,  but  it  had 
evidently  been  well  barred  on  the  inside.  He  at  last 
effected  an  entrance  at  a  back  window,  and  once  on 
the  inside,  made  a  thorough  search.  He  struck  a 
match,  but  there  was  no  one  in  the  room.  He  then 
went  to  the  door  of  an  adjoining  room,  carrying  the 
lighted  match  with  him.  On  reaching  the  door,  he 


72  THE   WHITE-CAPS. 

heard  Robison  move,  and,  quick  as  a  flash,  extin- 
guished the  light,  calling  on  Robison  to  strike  a 
match.  Robison  replied  : 

"Strike  a  match  yourself,  you  d d  intruder." 

"  You  strike  a  match,"  replied  the  officer,  "  or  I  will 
put  a  hole  in  you." 

Thus  the  words  passed  back  and  forth,  each  one 
calling  on  the  other  to  make  a  light,  the  officer  well 
knowing  that  Robison  was  a  dangerous  character,  he 
having  had  trouble  with  him  before.  Robison  finally 
struck  a  match ;  it  was  no  sooner  done  than  he  was 
under  arrest,  hand-cuffed  and  on  his  way  to  the  rail- 
road station.  Everything  went  smooth  on  the  return 
trip. 

Deputy  sheriff  Davis  reached  home  late  Friday 
night,  after  the  murder  of  the  Whaley  family,  the 
murder  having  occurred  the  previous  Monday  night. 
He  rose  early  Saturday  morning  and  rode  into  Cat- 
lettsburg,  where  he  found  a  crowd  of  excited  people 
still  discussing  the  Whaley  murder.  He  did  not  tarry 
long,  but  after  gathering  What  information  he  could, 
and  assuring  his  friends  that  the  perpetrators  of  that 
awful  crime  should  be  brought  to  justice,  rode  rapidly 
away.  Arriving  at  the  scene  of  the  murder,  he  found 
Ivizzie  Chandler,  sister  of  Laura  Whaley,  still  weeping 
over  the  loss  of  a  brother  and  sister.  Her  story  was  a 
touching  one  indeed,  and  she  wound  up  by  saying  : 

"  If  I  ever  lay  eyes  again  on  the  little  short  man  that 
did  the  shooting,  I  will  know  him." 

The  officer  took  her  home  with  him  for  protection, 
as  he  feared  she,  too,  would  be  killed  by  the  White* 
caps, 


DEPUTY   SHERIFF   T.    H.    DAVIS. 
(Now  Sheriff  of  Sevier  County,  Tenn.) 


THK   WHITE-CAPS.  73 

Thus  the  work  began  which  later  on  terminated  in 
the  arrest  and  conviction  of  two  of  the  perpetrators  of 
that  dastardly  crime.  Deputy  sheriff  Davis  lost  no 
time,  but  believing  in  the  old  adage,  "  to  strike  while 
the  iron  is  hot,"  began  at  once  to  devise  some  plan 
whereby  L,izzie  Chandler  might  see  Pleas  Wynn,  who, 
by  this  time,  was  suspected  by  everybody. 

Accordingly,  he  brought  her  to  town,  before  daylight 
on  the  following  Monday  morning,  and  placed  her  in 
an  upstairs  room  at  the  Mitchell  hotel,  where  she 
could  see  everyone  assembled  on  the  public  square. 
She  waited  many  long  hours  before  he  appeared  on 
the  scene,  but  late  in  the  morning,  near  eleven  o'clock, 
Pleas  Wynn  came  walking  along.  Her  eyes  were  fixed 
upon  him  for  a  moment,  then  she  drew  back  from  the 
window  with  a  shudder,  exclaiming  : 

"There  goes  the  very  man  that  killed  sister  and 
Bill  Whaley." 

Deputy  sheriff  Davis  walked  down  from  the  upstairs 
room  of  the  hotel  and  arrested  Pleas  Wynn  within  a 
few  steps  of  where  he  had  been  identified.  This 
caused  great  commotion,  as  the  town  was  filled  with 
excited  people,  it  being  county  court  day,  and  only  a 
week  from  the  date  of  the  murder. 

Catlett  Tipton's  arrest  followed  a  few  minutes  later, 
and  likewise  Bob  Catlett  and  Bob  Wade,  for  deputy 
sheriff  Davis  had  already  wired  the  sheriff  of  Ashe- 
ville,  N.  C.,  to  arrest  Bob  Catlett  at  once. 

In  the  meantime,  Pleas  Wynn  and  Catlett  Tipton 
had  their  trial  before  a  Justice  and  were  released. 
Thus  the  White-caps  scored  another  victory,  and 
sneered  at  the  efforts  being  made  by  deputy  sheriff 


74  THE  WHITE-CAPS. 

Davis,  but  this  did  not  effect  Davis  in  the  least.  He 
only  replied,  "  He  laughs  best  who  laughs  last,"  and 
started  immediately  for  Asheville,  N.  C.,  taking  with 
him  deputy  sheriff  J.  E.  Keener,  a  warm  friend  and 
fearless  officer. 

On  arriving  at  Asheville,  they  found  Catlett  under 
arrest,  who  said  to  the  officers : 

"  I  never  got  into  any  trouble  yet  but  what  I  got 
out." 

Deputy  sheriff  Davis  replied,  "  Sometimes  in  a  man's 
life  the  time  comes  when  a  man's  money  can't  save 
him.  That  time  may  have  come  to  you,  Bob/'  at  the 
same  time  producing  from  his  pocket  a  pair  of  hand- 
cuffs. 

Catlett  drew  back,  saying,  "  You  don't  mean  to  put 
them  on  me,  do  you  ?  ' ' 

"Yes,  sir,"  came  the  reply.  "You  will  wear  them 
back  to  Tennessee,  or  you  or  I,  one  or  the  other,  will 
die  in  North  Carolina." 

His  friends  interceded  for  him,  but  to  no  avail,  and 
Catlett  wore  the  "  bracelets  "  back  to  Tennessee.  Bob 
Catlett  and  Bob  Wade  were  then  tried  before  a  Justice 
of  the  Peace,  and  Catlett  was  released,  while  Wade 
was  held  for  court  in  a  bond  of  one  thousand  dollars. 
Now  came  the  critical  point  in  deputy  sheriff  Davis' 
life.  The  three  murderers  had  been  released  and 
were  free  men  again.  They  well  knew  that  Davis 
held  in  his  possession  damaging  evidence,  and  was  yet 
hot  on  their  trail. 

Time  sped  on,  excitement  ran  high,  and  threats 
were  freely  made.  The  people  lived  in  suspense,  not 
knowing  what  a  day  might  bring  forth.  Some  said 


THE  WHITE-CAPS.  75 

that  deputy  sheriff  Davis  would  not  live  a  month  ; 
others,  that  he  would  not  live  to  see  the  convening  of 
another  court.  In  the  meantime,  he  and  Sheriff 
Maples  offered  fifty  dollars  each  as  a  reward  for  the 
arrest  and  conviction  of  the  Whaley  murderers.  The 
county  court  had  already  offered  a  reward  of  five 
hundred  dollars. 

Immediately  after  this,  Davis  received  a  notice  to 
resign  his  position  as  deputy  sheriff  or  he  would  be 
killed  by  the  White-caps.  He  did  not  heed  this  warn- 
ing, but  took  the  next  train  for  Nashville,  where  he 
succeeded  in  persuading  Governor  Taylor  to  offer  a 
reward  of  five  hundred  dollars  for  the  Whaley  mur- 
derers. On  the  return  trip,  he  stopped  over  a  few 
days  in  Knoxville  and  employed  two  detectives,  C.  A. 
Reeder  and  C.  W.  McCall,  to  help  work  up  the  case.  A 
consultation  was  held  and  a  plan  of  work  agreed 
upon.  Many  witnesses  had  fled  the  county  for  fear 
they  might  meet  the  same  fate  as  the  Whaleys.  Most 
of  them  had  located  in  Knoxville.  Reeder  and  McCall 
were  to  work  this  end  of  the  line,  while  Davis  returned 
to  Sevier  county  to  renew  his  efforts  at  the  other  end. 
He  made  frequent  trips,  however,  between  Knoxville 
and  Sevierville  to  consult  with  Reeder  and  McCall. 

On  one  of  these  trips  he  came  near  losing  his  life, 
when,  as  it  is  believed,  a  deep-laid  scheme  was  planned 
to  assassinate  him,  at  a  point  about  half  way  between 
Sevierville  and .  Knoxville.  Returning  to  Sevierville 
by  boat,  the  "  L,ucile  Borden"  and  "Telephone"  ran 
for  some  little  distance  side  by  side.  While  the  two 
steamers  were  in  this  position  a  burly  negro,  after 
making  inquiry  for  Tom  Davis,  stepped  from  one  boat 
to  the  other  and  immediately  raised  a  row  with  the 


76  THE  WHITE-CAPS. 

cook,  evidently  watching  his  opportunity  to  get  in  his 
bloody  work.  He  kept  his  eye  on  the  front  end  of  the 
boat,  but  the  officer  came  around  the  back  way  and 
had  hold  of  him  before  he  knew  it.  He  gave  Davis  a 
tremendous  shove  against  the  banister  which  came 
near  throwing  him  overboard,  at  the  same  time 
attempting  to  draw  his  pistol.  Davis  was  equal  to  the 
occasion,  and  held  his  man  with  his  left  hand  while 
he  drew  his  own  revolver  with  his  right.  He  thrust  it 
in  the  negro's  face,  demanding  him  to  throw  up  his 
hands.  His  hands  went  up  and  were  held  up  until 
Captain  Newman  had  disarmed  him.  He  had  a  fine 
pistol,  a  forty-four  Smith  &  Wesson,  but  failed  to  get 
in  his  work  because  the  hammer  had  caught  in  the 
lining  of  his  pocket,  thereby  preventing  him  from 
drawing  it.  And  thus  the  would-be  assassin  was 
brought  .into  the  town  of  Sevierville,  a  prisoner,  by  the 
man  whom  he  had  attempted  to  assassinate.  The 
same  night  that  the  negro  was  being  tried  another 
plot  was  being  arranged. 

This  time  they  were  to  waylay  the  road  at  the  Houk 
bluff,  a  mile  and  a  half  below  Sevierville,  and  wait 
until  Davis  came  along  on  his  way  home.  The  plan 
was  carried  out  and  the  death-trap  set,  but  their  game 
failed  to  walk  into  it.  Deputy  sheriff  Davis  had  heard 
of  the  plot  and  remained  in  Sevierville  that  night. 

By  and  by,  court  came  on  and  deputy  sheriff  Davis 
was  still  on  hand,  at  his  post  and  ready  for  duty.  He 
had  left  no  stone  unturned,  and  the  evidence,  when 
placed  before  the  grand  jury,  was  sufficient  to  warrant 
the  finding  of  true  bills  against  Pleas  Wynn,  Catlett 
Tipton,  Bob  Catlett  and  Bob  Wade. 


THE   WHITE-CAPS.  77 

Davis  at  once  arrested  Pleas  Wynn  and  Catlett 
Tipton  and  placed  them  behind  closed  bars.  He  then 
went  out  in  town  to  find  Bob  Catlett,  but  he,  upon 
learning  of  the  fate  of  Wynn  and  Tipton,  had  left 
town  in  hot  haste. 

Not  to  be  foiled  in  his  undertaking,  deputy  sheriff 
Davis  at  once  started  for  the  Catlett  home,  six  miles 
away,  taking  with  him  deputy  sheriff  B.  A.  Rolen.  It 
was  late  in  the  evening  and  darkness  came  on  befoie 
they  reached  the  home  of  Catlett.  On  their  arrival, 
they  found  the  Catlett  house  enclosed  by  a  high  wire 
fence,  and  two  bull-dogs  keeping  guard  on  the  inside. 
This  was  the  most  formidable  foe  that  either  officer 
had  ever  met,  so  they  decided  to  call  from  the  fence. 
The  dogs  answered,  but  no  response  from  Bob.  They 
at  once  dismounted,  and  with  a  pistol  in  each  hand, 
stepped  on  the  inside.  The  dogs  came  dashing  down 
to  the  gate  like  two  roaring  lions,  making  a  circle  in 
a  vain  effort  to  get  behind  the  officers.  Foiled  in  this, 
however,  they  finally  gave  up  the  chase  and  disap- 
peared. Mrs.  Catlett  then  appeared  upon  the  scene, 
very  much  excited,  and  begged  for  peace.  The  offi- 
cers assured  her  that  there  would  be  no  trouble  if  Bob 
would  come  out  and  surrender.  She  closed  the  door 
in  their  faces,  saying  "  Bob  will  never  come  out." 

The  door  was  thrown  wide  open  and  the  officers 
stepped  inside.  Bob  well  knew  what  this  meant,  and 
from  an  upstairs  room  answered  that  he  would  come 
down  and  surrender.  He  did  so  and  was  soon  on  his 
way  to  Sevierville. 

In  the  meantime,  Sevierville  had  gone  wild  with 
excitement.  Perhaps  there  has  never  been  a  time  in 


78  THE  WHITE-CAPS. 

the  history   of  Sevierville   when   excitement  ran  so 
high  as  it  did  that  night  and  the  following  day. 

William  Wynn,  brother  of  Pleas  Wynn,  had  assaulted 
and  cruelly  beaten  J.  D.  Davis,  an  old  and  respected 
citizen  and  father  of  deputy  sheriff  Tom  Davis.  The 
news  spread  like  wild  fire,  and  while  the  White-caps 
were  fast  assembling  on  the  square,  the  friends  of 
Tom  Davis  and  his  father  were  rushing  to  and  fro, 
gathering  arms  from  every  quarter,  determined  to  fight 
it  out.  It  was  soon  learned  that  a  determined  effort 
was  being  made  by.  the  White-caps  to  rescue  Bob 
Catlett,  who  was  then  on  his  way  to  Sevierville  in 
custody  of  Davis  and  Rolen.  Sheriff  Maples  sum- 
moned all  the  men  he  could  find,  and  keeping  some  to 
guard  the  jail,  dispatched  the  remaining  ones  to  meet 
the  officers  with  Catlett.  This  posse  met  them  just 
below  Catlettsburg  and  told  them  what  was  going  on 
in  Sevierville. 

There  was  a  determined  look  on  Tom  Davis'  face  as 
he  heard  the  news  and  dashed  across  the  river  to 
Catlettsburg  for  reinforcements.  He  soon  returned 
with  a  few  brave  and  fearless  men,  and  gave  orders 
that,  "  if  attacked,  every  man  dies  on  the  spot." 

He  took  the  front  and  led  the  way  to  Sevierville, 
and  Catlett  was  soon  placed  in  a  cell  with  his  two 
accomplices,  Wynn  and  Tipton.  Although  a  criminal 
all  his  life,  this  was  the  first  time  Bob  Catlett  had  ever 
been  placed  behind  closed  bars. 

Next  day  the  town  was  filled  with  excited  people. 
The  White-caps  were  enraged  almost  beyond  control. 
Three  of  their  leaders — J.  C.  Tipton  their  captain, 
Bob  Catlett  the  wealthiest  man  of  their  order,  and 


THE    WHITE-CAPS.  79 

Pleas  Wynn,  a  man  capable  of  committing  any  crime, 
were  all  now  languishing  behind  closed  bars. 

As  their  iron-clad  oath  bound  them  to  rescue  a 
brother  at  all  hazards,  a  regular  pitched  battle  was 
expected  at  any  moment.  Each  side  waited  for  the 
other  to  bring  on  the  attack.  Fortunately  for  both, 
neither  side  was  willing  to  assume  such  a  great  respon- 
sibility. 

When  court  convened,  deputy  sheriff  Davis  was 
present,  with  his  shot  gun,  apparently  as  much  deter- 
mined as  ever.  The  prisoners  were  given  a  hearing 
before  Judge  Hicks  and  granted  bail,  and  thus  were 
once  more  released  on  the  public.  -This  trial  was  con- 
cluded late  Saturday  evening  of  the  March  term  of 
court,  1897. 

Monday  morning  following,  deputy  sheriff  Davis 
boarded  the  train  at  Strawberry  Plains  for  Nashville, 
where  he  succeeded  in  having  a  bill  passed  by  the  legis- 
lature detaching  the  Circuit  Court  of  Sevier  county 
from  the  Second  Judicial  Circuit  and  attaching  it  to  the 
Criminal  District  of  Knox  county,  presided  over  by 
Judge  T.  A.  R.  Nelson,  thereby  preventing  Judge 
Hicks  from  holding  another  court  in  Sevierville. 
Davis'  friends  rallied  to  his  support  in  Nashville.  The 
bill  was  drawn  by  Gen.  G.  W.  Pickle,  introduced  by 
Hon.  Horace  A.  Mann,  and  fought  to  a  finish  by  Hon. 
John  C.  Houk.  It  was  a  hot  contest,  and  during  its 
progress,  the  opposition,  headed  by  Hon.  Cal.  Keeney, 
made  the  fight  that  it  was  a  personal  matter  between 
Davis  and  Judge  Hicks,  and,  besides,  it  was  forcing 
Judge  Nelson  upon  an  unwilling  people. 

This  was  not  true,  however,  and  Davis  so  convinced 
the  honorable  members  of  the  legislature  by  returning 


80  THE   WHITE- CAPS. 

to  Sevierville  on  the  next  train,  which  place  he 
reached  on  Monday  morning,  County  court  day,  in 
April.  1897.  He  at  once  called  a  mass  meeting  in  the 
court  house,  at  one  o'clock,  and  opened  the  proceed- 
ings with  a  statement  of  the  object  and  purpose  of  the 
meeting  and  what  was  transpiring  at  Nashville.  Reso- 
lutions were  adopted  endorsing  the  passage  of  the  bill, 
and  passed  without  a  dissenting  voice. 

Time  was  short.  The  legislature  was  drawing  to  a 
close.  Davis  mounted  his  favorite  saddle  horse  and 
rode  to  Knoxville,  a  distance  of  twent}7-seven  miles, 
arriving  in  time  to  catch  a  train  for  Nashville  that 
same  evening.  Tuesday  morning  when  the  legislature 
met,  Davis  was  back  at  his  post  with  the  resolutions. 
'  The  bill  passed  and  became  a  law,  and  Judge  Nelson 
now  holds  court  in  Sevierville.  This  was  the  third 
trip  that  deputy  sheriff  Tom  Davis  made  to  Nash- 
ville in  the  interest  and  welfare  of  his  native  county, 
at  his  own  expense. 


CHAPTER  XIII. 

THE   MURDER   OF   BRUCE   LEWELLEN. 

Three  miles  east  of  Sevierville,  on  the  Flat  Creek 
road,  is  situated  Milican  Grove  church,  and  almost 
within  the  shadow  of  this  beautiful  little  country 
church  occurred  one  of  the  most  blood-curdling  mur- 
ders in  the  history  of  White-cap  depredations. 

The  church  sets  close  by  the  roadside  on  the  north, 
overshadowed  by  a  neat  little  grove  of  oak  and  hickory 
trees.  On  the  south  side  of  the  road  is  a  thick  under- 
growth of  oak  and  pine,  and  through  the  center  of 
this  clump  of  brush  and  thick  undergrowth  is  a  path 
running  directly  to  the  south. 

It  was  along  this  dreary  pathway,  on  a  starless 
night,  in  the  month  of  April,  1892,  that  Bruce 
Lewellen  was  plodding  his  way  alone  to  meet  some 
of  his  fellow  White-caps,  little  dreaming  that  he 
was  then  making  his  last  foot-prints  upon  earth 
and  along  this  familiar  pathway  which  he  had  so 
often  trodden  before.  But  alas,  poor  Bruce,  he  was 
doomed  to  meet  death  that  night,  for  at  that 
very  moment  two  murderers  lay  in  wait,  concealed 
in  the  bushes  close  by  the  roadside,  thirsting  for 
the  life-blood  of  their  fellow  man.  The}'  were  mem- 
bers of  the  notorious  band  of  White-caps  who  had 
been  detailed  to  commit  the  bloody  crime,  and  like 
demons  they  waited  patiently  to  hear  the  familiar  foot- 
steps of  the  young  man  whose  confidence  they  had 
betrayed. 


82  THE   WHITE-CAPS. 

Suddenly,  and  without  a  moment's  warning,  a  loud 
report  was  heard,  and  Bruce  Lewellen  fell  to  the 
ground  a  lifeless  corpse.  His  head  was  filled  with 
buckshot,  evidently  from  a  shot  gun  fired  at  close 
range. 

David  Mitchell,  an  old  man  living  near  by,  heard  the 
shot  that  forever  sealed  the  fate  of  Bruce  L,ewellen, 
but  thought  nothing  of  it  at  the  time,  as  it  was  a 
common  occurrence  in  that  neighborhood. 

Early  the  next  morning  two  small  boys  stumbled 
upon  his  dead  body  as  they  chanced  to  pass  that  way 
going  to  mill.  The  alarm  was  given,  and  the  neigh- 
bors gathered  in,  and  he  was  laid  to  rest  the  following 
day  in  the  Alderbranch  cemetery.  At  the  funeral  it 
was  whispered  around  that  he  had  been  killed  by  the 
White-caps,  but  everybody  seemed  to  be  afraid  to  talk 
on  the  subject. 

The  circumstances  leading  up  to  this  tragedy  are  as 
follows :  Bruce  L,ewellen  was  a  White-cap.  The 
White-caps  had  given  his  mother  notice  that  they 
were  going  to  wliip  her.  Young  Lewellen  rebelled 
against  them  and  vowed  they  should  never  whip  his 
mother.  It  so  happened  that  about  this  time  officers 
and  citizens  had  set  traps  for  the  White-caps  at 
Douglass'  Ferry  and  other  points.  They  began  to 
grow  uneasy.  Their  plans  were  being  foiled  and  their 
forces  began  to  weaken.  That  some  one  was  making 
known  their  plans  was  an  evident  'fact,  beyond  any 
question.  Who  had  more  cause  for  turning  informer 
than  Bruce  L/ewellen?  After  a  consultation  among 
themselves,  it  was  decided  that  he  was  the  "  traitor  " 
who  was  furnishing  the  officers  with  this  information 


THE   WHITE-CAPS.  83 

and  thus  betraying  them  into  the  hands  of  their 
enemies. 

According  to  their  oath,  it  was  binding  upon  the 
organization  to  put  to  death  any  one  revealing  the 
proceedings  of  their  order ;  hence  the  decision  that 
Lewellen  was  guilty  of  this  offence  and  that  immediate 
steps  should  be  taken  to  seal  his  lips  forever  by  send- 
ing him  to  eternity. 

Their  plans  were  made  and  Lewellen  was  summoned 
to  meet  them  at  a  point  where  they  had  often  met 
before,  and  only  a  short  distance  from  where  he  met 
death  on  that  fatal  night.  He  was  asked  as  to  what 
particular  path  he  would  come,  there  being  many 
by-paths  through  the  densely  wooded  forest  which  he 
could  travel  that  night.  Soon  after  dark,  he  stepped 
out  at  the  front  door  of  his  humble  home  and  disap- 
peared in  the  inky  darkness,  never  to  return.  Thus 
ending  the  life  of  a  young  man  who  might  have  led  a 
better  life  and  made  a  useful  citizen  had  he  not  fallen 
into  the  hands  of  older  men  who  were,  by  far,  more 
experienced  in  the  commission  of  crime. 

Bruce  Lewellen  died  for  a  crime  which  he  had 
not  committed.  The  information  supposed  to  have 
been  furnished  by  him  was  given  out  by  a  prominent 
man  of  their  order  whom  they  had  never  suspected 
and  one  in  whom  they  have  the  utmost  confidence 
even  to  this  day. 


CHAPTER  XIV. 

THE   MURDER   OF   ELI   WILLIAMSON. 

At  the  foot  of  Webb's  mountain,  fourteen  miles 
from  Sevierville,  on  the  Emert's  Cove  road,  stands  an 
old  delapidated  log  house.  On  a  hot  day  in  July,  in 
the  year  1892,  William  Sneed  and  Houston  Romines 
were  seen  walking  side  by  side  down  the  road  in  the 
direction  of  this  house.  They  were  talking  in  a  low 
tone  and  Sneed  was  carrying  an  old-fashioned,  long- 
barrel  rifle.  On  reaching  the  fence,  they  halted  for  a 
moment,  Romines  drew  a  long-bladed  knife  and  walked 
to  the  back  door  while  Sneed  went  in  at  the  front. 

Eli  Williamson  was  not  a  coward,  and  was  not  afraid 
to  fight  with  equal  chances.  He  was  unarmed  and 
saw  at  a  glance  that  he  would  be  overpowered.  He 
rushed  to  the  back  end  of  the  house,  threw  up  his 
hands  and  begged  for  his  life.  Sneed  lowered  his  gun, 
took  deadly  aim  and  fired.  Williamson  fell  to  the 
floor,  writhing  in  pain  and  expired  a  few  hours  later. 
This  was  the  first  murder  committed  in  Sevier  county 
traceable  directly  to  the  White-caps. 

A  few  nights  previous  to  this,  the  White-caps  had 
gone  to  the  home  of  Julia  Ramsey,  intending  to  give 
her  a  whipping,  but  Eli  Williamson  and  Henry  Proffit 
were  there  that  night  and  opened  fire  on  them.  When 
they  attempted  to  batter  down  the  door,  a  regular 
pitched  battle  followed  which  resulted  in  the  defeat  of 
the  White-caps. 


THE   WHITE-CAPS.  85 

Lewallen  Sneed,  brother  of  William  Sneed,  was  shot 
in  the  leg  in  this  affray,  enraging  the  Sneeds  against 
the  Williamsons,  and  while  his  brother  was  still  suffer- 
ing from  the  wound  received  that  night,  William 
Sneed  avenged  him  by  taking  the  life  of  Eli  Wil- 
liamson. 

Excitement  ran  high  for  a  time.  The  citizens 
offered  a  reward  of  fifty  dollars  for  Sneed,  but  he 
succeeded  in  making  his  way  through  the  Smoky 
mountains  into  North  Carolina  and  is  still  at  large. 

This  put  an  end  to  White-capping  in  Emert's  Cove. 
The  citizens  banded  together  under  the  leadership  of 
John  S.  Springs  and  vowed  they  would  hang  the  first 
man  caught  in  disguise. 

John  S.  Springs,  who  led  the  opposition  in  Emert's 
Cove,  was  a  man  of  great  courage,  backed  up  with  an 
iron  will  and  invincible  determination.  The  White- 
caps  had  done  no  injury  to  any  of  his  relatives  or  close 
friends,  yet  he  did  not  hesitate  to  speak  out  against 
them.  He  talked  to  their  faces,  saying  that  "  Any 
man,  or  set  of  men,  who  would  go  at  the  dead  hours  of 
midnight  under  the  cover  of  darkness,  with  masks  on 
their  faces,  and  overpower  and  drag  a  poor  defenseless 
woman  from  her  home  and  lash  her  back,  was  a  base 
coward  and  not  worthy  of  citizenship.  Perhaps  it 
would  not  be  out  of  place  to  mention  in  this  connec- 
tion that  John  S.  Springs  was  foreman  of  the  grand 
jury  when  true  bills  were  returned  against  the  mur- 
derers of  the  Whaley  family,  and  is  now  a  deputy 
sheriff  under  sheriff  Tom  Davis. 

White-capping  in  Sevier  county  first  began  in 
Emert's  Cove,  but  ceased  as  abruptly  as  it  began. 


CHAPTER  XV. 

BATTLE   NEAR   HENDERSON'S  SPRINGS. 

On  a  cold  November  night  in  the  year  1894  the 
people  in  the  neighborhood  of  Henderson's  Springs 
were  startled  by  the  firing,  in  rapid  succession,  of 
perhaps  one  hundred  shots.  They  were  heard  for 
several  miles  around  and  ceased  as  abruptly  as  they 
began.  For  a  moment  an  oppressive  stillness 
reigned,  then  the  clatter  of  horses'  hoofs  and  the 
splashing  of  water  could  be  heard  in  every  direction. 
Marauding  bands  of  White-caps  were  heading  for 
home  with  the  speed  of  fleet  horses,  regardless  of 
fences,  roads  or  fords.  The  nearest  routes  were  taken 
and  the  river  was  crossed  that  night  at  points  where  it 
had  never  been  crossed  betore. 

A  detachment  each  of  White-caps  and  a  sheriff's 
posse  had  met  on  the  battle-field  and  the  White-caps 
were  routed. 

All  within  hearing  distance  knew  a  battle  had  been 
fought,  but  what  was  the  result  ?  No  one  knew. 

Imagine  the  aching  hearts  of  mother  and  daughter 
waiting  in  suspense  for  the  return  of  husband,  father 
or  brother,  or  for  news  from  the  battlefield. 

The  particulars  were  not  known  until  the  following 
day  when  it  was  learned  that  Elijah  Helton,  of  the' 
sheriff's  posse,  and  Laban  Latham  and  Isaac  Keeble,  of 
the  White-cap  band,  were  killed,  and  M.  V.  Lewellen, 
of  the  sheriff's  posse,  was  wounded. 


THE   WHITE-CAPS.  87 

The  causes  leading  up  to  this  tragedy  are  as  follows  : 
Many  outrages  had  been  committed  in  the  neighbor- 
hood. Among  those  who  had  been  whipped  were 
Benjamin  Farr  and  Ruth  Massey. 

Benjamin  Farr  was  an  old  and  inoffensive  negro 
and  far  above  the  average  of  his  race  in  point  of 
intelligence.  When  the  Houk  and  Gibson  congres- 
sional contest  was  at  fever  heat,  "  Uncle  Ben,"  as  he 
was  familiarly  known,  took  the  stump  for  Houk.  He 
was  surprised  one  night  to  awake  and  find  his 
bedside  surrounded  by  a  number  of  masked  men.  He 
was  taken  out  and  after  a  cruel  beating  they  placed 
him  on  a  stump,  saying  : 

"  Now,  d- n  you,  make  a  speech  for  Gibson." 

Uncle  Ben  took  in  the  situation.  He  was  not  like  a 
man  who  could  not  make  a  speech.  He  proceeded 
with  his  argument  to  the  satisfaction  of  all  present. 

Ruth  Massey,  wife  of  James  Massey  and  sister-in-law 
of  Dr.  Z.  D.  Massey,  was  a  beautiful  young  woman, 
but,  like  other  unfortunate  young  women,  had  strayed 
from  the  path  of  virtue. 

The  White-caps  battered  down  the  door  of  the 
Massey  home  and  both  husband  and  wife  were  taken 
in  their  night  apparel  into  the  open  air.  Two  men 
stood  with  cocked  revolvers  pointed  in  the  husband's 
face,  two  others  held  Ruth's  arms  locked  around  a 
tree,  while  two  others,  one  on  each  side  of  the  unfor- 
tunate woman,  proceeded  to  lash  her  with  buggy 
whips.  They  turned  her  night  clothes  over  her  head, 
commenced  at  her  feet  and  took  lash  about,  until  they 
had  whipped  her  from  foot  to  head.  The  poor  woman, 
in  the  clutches  of  the  heartless  band  of  hellish  demons, 
said : 


88  THE  WHITE-CAPS. 

"  Let  me  down  till  I  die." 

They  let  her  go  and  she  fell  to  the  ground  in  a 
swoon.  Thinking  she  was  dead  they  carried  her 
into  the  house,  and  laying  her  on  the  bed,  stayed  with 
her  until  she  regained  consciousness. 

This  was  one  of  the  most  cruel  whippings  that  had 
ever  occurred  in  Sevier  county,  and  the  people, 
enraged  almost  beyond  control,  longed  for  an  oppor- 
tunity to  avenge  the  cruel  deed. 

It  came  at  last.  William  Brown,  a  member  of  the 
band  admitted  to  their  councils,  who  had  been  present 
on  some  of  their  whipping  expeditions,  in  an 
unguarded  moment,  took  into  his  confidence  Benjamin 
Farr  and  imparted  to  him  all  the  secrets  and  signs  of 
the  organization.  He  also  told  of  their  future  plans 
and  of  a  plot  to  whip  James  Massey  and  blow  up 
Pink  Rauhuff 's  house  with  dynamite  or  burn  him  out 
with  coal  oil. 

Uncle  Ben  had  no  love  for  the  midnight  raiders 
and  was  not  long  in  communicating  this  important 
information  to  the  enemies  of  the  outlaws. 

Relying  on  this  information,  early  in  the  morning  of 
this  eventful  day  in  November,  Elijah  Helton  came  to 
Sevierville  and  informed  sheriff  Maples  of  the  pro- 
posed raid  of  the  White-caps  and  asked  his  assistance 
in  intercepting  them. 

Chancery  court  was  then  in  session  and  the  sheriff 
had  his  hands  full,  but  he  deputized  Mr.  Helton  and 
M.  F.  Nichols  and  instructed  them  to  summon  all  the 
good  citizens  in  the  neighborhood  and,  if  possible,  to 
defeat  this  devilish  plot.  The  citizens  met  at  Hender- 


ASSISTANT    ATTORNEY-GENERAL    K.    A.    MYNATT. 


THE   WHITE-CAPS.  89 

son's  Springs  soon  after  dark,  their  plans  were  agreed 
upon  and  they  started  at  once  in  the  direction  of  James 
Massey's  house. 

The  conflict  took  place  at  a  point  only  one  half 
mile  from  the  famous  summer  resort,  Henderson's 
Springs,  where  a  narrow  road  runs  around  the  craggy 
cliff  overhanging  the  beautiful  Pigeon  river. 

The  citizens  on  duty  that  night  were  Elijah  Helton, 
M.  F.  Nichols,  W.  A.  Henderson,  A.  W.  Nichols,  M. 
V.  Lewellen,  John  Myers  and  Pink  Rauhuff, 

They  took  the  road  to  Massey's  house  leading 
around  the  bluff.  M.  F.  Nichols,  Henderson  and 
Myers  were  about  thirty  steps  in  front  of  Helton  and 
Lewellen.  The  night  was  quite  dark.  Suddenly  they 
met  four  unmasked  men  who  pulled  their  hats  over 
their  faces  and  passed  in  single  file  on  the  upper  side 
of  the  road. 

The  men  in  front  failed  to  recognize  any  of  them, 
and  while  suspicious,  were  not  certain  that  they 
belonged  to  the  band  of  raiders. 

In  a  moment  the  four  suspicious  characters  met 
Helton  and  Lewellen  ;  some  words  were  passed  which 
could  not  be  heard  distinctly,  but  a  volley  of  pistol 
shots  were  fired,  followed  immediately  by  a  roar  of 
shot  guns.  The  first  shot  fired  by  the  White-caps 
struck  Lewellen  square  in  the  breast  and  knocked  him 
off  of  the  bluff. 

In  the  meantime,  Helton  had  emptied  both  barrels 
of  his  shot  gun  and  two  of  the  White- caps  fell  to  the 
ground.  Helton  threw  out  his  two  empty  shells  and 
was  in  the  act-  of  reloading  when  James  Gibson,  a 
White-cap,  rushed  up  and  fired  two  pistol  shots  at 


go  THE  WHITE-CAPS. 

close  range  which  went  crushing  through  Helton's 
brain.  A  regular  fusilade  of  shots  from  the  three 
men  in  front  compelled  the  two  White-caps  yet  unhurt 
to  beat  a  hasty  retreat,  one  of  them  with  two  holes  in 
his  hat. 

This  was  an  unexpected  meeting  and  neither  side 
had  their  full  force  present.  The  main  body  of  the 
White-caps  were  assembled  in  a  little  grove  near 
Henderson's  Springs,  while  A.  W.  Nichols  and  Pink 
Rauhuff  were  watching  the  road  a  few  hundred  yards 
down  the  river.  The  firing  was  distinctly  heard  by 
both  sides  and  a  stampede  followed.  Nichols  and 
Rauhuff  came  running  down  the  road  to  overtake  their 
friends  and  suddenly  stumbled  upon  the  dead  bodies 
of  Helton  and  Keeble.  They  did  not  take  time  to  see 
who  it  was,  but  wheeled  around  and  retraced  their 
steps  in  double  quick  time. 

I/ewellen  started  for  home,  suffering  excruciating 
pain  from  the  wound  in  his  breast.  He  died  a  year 
later  of  consumption,  thought  to  have  been  caused  by 
the  wound  he  received  that  night,  as  the  ball  was 
never  located. 

Mitchell  Nichols  and  William  Henderson  left  the 
main  road  and  wound  their  way  around  the  foot  of 
the  bluff  and  waded  the  river,  up  to  their  necks,  at  a 
point  where  they  had  never  crossed  before,  All  this 
time  they  could  hear  distinctly  the  pitiful  groans  of 
L,aban  L,atham  pleading : 

"Oh,  my  God;  I  am  shot  and  dying.  Friends 
come  to  me." 

After  crossing  the  river  they  stopped  again  to  listen, 
and  Nichols  thought  he  recognized  the  voice  of  his 


THE   WHITE-CAPS.  9 1 

brother  "Ash."  They  were  almost  frozen  to  death, 
but  stealthily  slipped  up  the  river  bank  opposite  to 
where  Latham  was  lying.  With  only  a  narrow  stream 
between  them,  the  groans  of  Latham  fell  distinctly 
upon  the  ears  of  the  anxious  listeners  as  he  cried  out : 

"  Oh,  Jim,  where  are  you  !  I  am  shot  and  bleeding 
to  death." 

They  soon  decided  he  was  not  one  of  their  friends 
and  departed  for  home. 

On  arriving  at  home  Nichols  found  that  his  brother 
Ash  had  not  returned.  All  night  long  he  walked  the 
floor  exclaiming : 

"  Oh,  my  God  !  The  poor  unfortunate  man  is  dying 
all  alone  by  the  river  side.  Surely,  it  must  be  brother 
Ash." 

He  could  not  stand  it  any  longer,  and  returned  that 
he  might  hear  the  voice  once  more.  But  a  death-like 
silence  reigned  over  the  weird  scene  and  not  a  sound 
could  be  heard  save  the  doleful  hooting  of  an  owl  that 
sat  on  the  over-hanging  cliff. 

His  brother  Ash  was  then  at  the  house  of  Pink 
Rauhuff  fearing  that  one  of  the  dead  bodies  over 
which  he  had  stumbled  was  his  brother  Mitchell. 

There  was  an  old  sack  under  the  dead  body  of 
Keeble,  containing  three  White-cap  suits,  which  told 
plainly  his  business  on  that  fateful  night. 

Immediately  following  this  occurrence,  feeling  ran 
high  in  the  community.  Each  family  sympathized 
with  one  side  or  the  other,  and  life-time  friendships 
were  dissolved.  William  Brown,  the  informant, 
together  with  Jesse  and  Isaac  Brown,  the  two  latter 


92  THE  WHITE-CAPS. 

having  also  joined  the  White-caps,  became  alarmed 
and  decided  to  turn  state's  evidence,  which  they  did, 
and  then  in  quick  succession  followed  the  arrests  of 
Dan  Davis,  captain  of  the  band,  and  two  of  his  boys, 
John  Blair,  William  Wear,  George  Montgomery,  L,on 
Carnes,  John  Norton,  Henry  McMahan  and  Arthur 
and  John  Seatou,  all  charged  with  the  whipping  of 
Ben  Farr  and  Ruth  Massey. 

They  all  waived  a  trial  before  a  Justice  of  the  Peace 
and  gave  bond  for  their  appearance  at  court.  When 
court  convened,  in  the  selection  of  the  grand  jury  two 
White-caps  were  chosen,  hence  no  true  bills  were 
found  and  the  men  were  released. 

The  White-caps  were  encouraged  by  this  act  and 
boasted  that  the  court  was  in  sympathy  with  them 
and  that  nothing  could  or  would  be  done  to  punish 
them  for  their  lawless  acts. 


CHAPTER  XVI. 

THE    MURDER   OF  TOM    GIBSON. 

On  Saturday  evening,  early  in  the  month  of  April, 
1895,  there  came  into  the  little  town  of  Sevierville  an 
old  man  whose  face  looked  sad  and  care-worn. 

He  was  not  clad  in  the  best  of  clothes,  yet  he  had 
an  honest  face,  and  a  reputation  which  gave  him  credit 
in  any  store  in  the  town. 

Before  leaving  town  he  bought  a  quarter  sack  of 
flour,  and  with  a  smile  on  his  face  he  carried  it  away 
on  his  back,  with  the  remark  : 

"I  will  have  biscuit  for  breakfast  Sunday  morning.'' 

But  before  the  sun  rose  that  Sabbath  morning  Tom 
Gibson  lay  cold  in  death  upon  the  floor  of  his  humble 
cabin  home. 

He  was  the  victim  of  a  band  of  midnight  assassins, 
known  as  White-caps,  or  Grave  Yard  Hosts,  who  were 
on  one  of  their  lawless  raids.  Within  a  brief  space  of 
time  his  once  happy  home  was  broken  up  and  shrouded 
in  darkness  and  death. 

On  the  night  of  this  cruel  murder  the  White- caps 
had  first  visited  the  home  of  Jerry  Woodsby.  Woodsby 
lived  on  James  Catlett's  farm  about  two  miles  from 
Sevierville. 

He  had  been  working  for  Catlett  previous  to  this 
time,  but  for  some  cause,  unknown  to  the  writer, 
had  left  his  employ. 


94  THE   WHITE-CAPS. 

The  White-caps  surrounded  his  house  and  he  was 
told  to  open  the  door.  Woodsby,  surmising  what  this 
command  meant,  refused  to  do  so. 

With  a  heavy  fence-rail,  in  the  hands  of  strong  men, 
the  door  was  soon  battered  down  and  Woodsby  was 
overpowered  and  taken  out  of  the  house,  and  an  un- 
merciful whipping  was  the  result.  He  was  led  back 
to  the  house,  writhing  in  pain  from  the  cruel  lashes 
that  had  been  laid  upon  his  bare  back,  and  told  to  go 
back  to  work  for  James  Catlett  at  once,  or  they  would 
return  and  double  the  dose.  There  was  no  cause  for 
the  whipping  of  Woodsby  except  the  one  stated  above. 

Soon  the  band  disappeared  from  the  home  of 
Woodsby,  and  proceeded  in  the  direction  of  Thomas 
Gibson's  cabin,  which  was  only  a  short  distance  away 
His  door  was  also  battered  down  in  like  manner. 
Instantly  a  half  dozen  well-masked  men  stepped  inside 
and  informed  the  old  man  that  they  had  come  to  whip 
his  daughter. 

The  father,  no  doubt,  realized  the  situation,  and 
knew  full  well  that  to  resist  meant  death.  , 

Gallic,  his  oldest  daughter,  had  been  the  tender  care 
of  the  old  man  for  many  years.  He  had  toiled  in  the 
heat  of  summer,  had  struggled  along  through  the 
dreary  months  of  winter,  and  had  gone  through  many 
hardships  that  his  little  family  might  not  go  in  want. 
He  had  looked  into  the  face  of  his  prattling  babe,  had 
seen  her  pass  through  the  halcyon  days  of  child-hood 
and  girl-hood,  and  had  now  just  reached  young  woman- 
hood. After  enduring  the  hardships  of  many  years, 
he  must  now  either  stand  by  and  see  his  oldest  daughter 
subjected  to  a  cruel  beating  at  the  hands  of  an  unmerci- 


THE   WHITE-CAPS.  95 

ful  baud  of  outlaws,  or  make  a  feeble  resistance.  He 
chose  the  latter,  and  died  like  a  hero,  defending  his 
humble  home.  Tom  Gibsqn  was  a  poor  man  and  had 
neither  gun  nor  pistol  at  his  command.  He  rose  with 
a  chair  in  his  hand,  and  was  just  in  the  act  of  dealing 
the  captain  of  the  band  a  blow,  when  the  contents  of 
a  double-barreled  shot-gun  was  discharged,  striking 
him  squarely  in  the  breast. 

He  reeled  and  fell  backward  and  expired  without 
uttering  a  word.  The  White-caps  remained  only  for 
a  moment  and  then  disappeared  from  the  scene  of  their 
awful  crime,  leaving  their  victim  lying  upon  the  floor, 
weltering  in  his  blood. 

The  wife  and  daughter,  in  the  meantime,  had  gone 
out  at  the  kitchen  door  and  made  good  their  escape. 
It  was  a  dark,  gloomy  night,  and  after  a  long  and  weary 
tramp  they  found  their  way  to  a  neighbor's  house. 
But  no  one  dared  go  near  the  place  until  next  morning. 

As  soon  as  the  news  reached  Sevierville,  which  was 
early  the  following  day,  Sheriff  Maples,  Dr.  Massengill, 
Dr.  Walker,  Judge  Houk  and  many  others  left  for  the 
scene  of  the  murder.  The  people  in  Sevierville  were 
slow  to  believe  that  such  a  horrible  crime  had  been 
committed  within  two  miles  of  the  little  town,  and  yet 
not  hear  of  it  until  the  following  day. 

Sheriff  Maples  and  his  posse  were  not  long  on  the 
way  to  the  Gibson  home,  and  returned,  perhaps,  in  less 
time  than  it  had  taken  them  to  go.  Their  blood  boiled 
as  they  gazed  at  the  scene.  All  night  long  he  lay  in  a 
pool  of  blood,  and  not  a  friend  had  dared  to  give  the 
heart-broken  family  any  assistance,  for  fear  that  they 
too  would  meet  a  like  fate. 


96  THE  WHITE-CAPS. 

On  the  return  of  sheriff  Maples  the  first  report  was 
verified,  and  the  news  spread  like  wildfire.  The  whole 
town  and  surrounding  country  was  wrought  up  over 
this  crime  committed  by  the  White-caps. 

A  determined  effort  was  made  to  spot  the  guilty 
parties.  The  only  blood  hounds  in  the  county  were 
owned  or  controlled  by  William  Wynn.  He  was 
appealed  to  for  assistance,  but  refused  to  go,  or  even 
let  his  dogs  go. 

County  court  met  in  a  few  days,  and  sheriff  Maples 
asked  for  an  appropriation  to  buy  a  pair  of  blood 
hounds.  It  was  discussed  quite  freely  among  the  jus- 
tices. During  the  discussion,  deputy  sheriff  Tom  Davis 
arose  and  sai4 : 

"This  court  has  just  appropriated  a  large  sum  of 
money  to  build  a  new  court  house.  Crime  after  crime 
is  being  committed  by  a  band  of  White-caps,  and  to 
invest  a  small  sum  of  money  in  a  pair  of  blood  hounds 
to  run  them  down,  and  thus  regain  the  good  name 
of  Sevier  county,  would  be  of  vast  more  importance 
to  the  county  than  a  new  court  house  to  try  them 
in." 

The  vote  was  taken  and  the  money  appropriated. 

But  the  White-caps  saw  danger  approaching,  and  a 
hasty  consultation  was  held,  in  which  it  was  decided 
that  some  immediate  steps  must  be  taken  to  bar  this 
appropriation. 

Accordingly  a  bill  was  filed  in  the  Chancery  Court, 
by  Jesse  Atchley,  to  enjoin  the  county  court  from 
making  this  appropriation. 

The  Chancery  Court  did  not  meet  for  six  or  eight 
months,  and  when  it  did  meet  the  court  decided  in 


THE   WHITE    CAPS.  97 

favor  of  the  complainants.  Thus  the  White-caps 
scored  another  victory. 

By  this  time  the  excitement  had  subsided  to  some 
extent,  and  it  was  hoped  that  the  White-caps  would 
see  the  error  of  their  way  and  refrain  from  the  com- 
mission of  other  outrageous  murders. 

But  such  was  not  the  case,  as  you  will  see  from 
reading  the  following  chapters. 

The  alleged  cause  for  the  attempted  whipping  of 
Gibson's  daughter  was  that  she  was  not  living  up  to 
the  moral  standard  demanded  by  a  few  Sevier  county 
toughs.  And  toughs  they  were,  for  by  this  time^all 
good  men  who  had  once  favored  white-capping,  had 
seen  to  their  own  sorrow  that  it  was  a  great  mistake. 

From  the  best  information  that  can  be  had  we  do 
not  doubt  but  that  the  young  daughter  of  Gibson  had 
strayed  from  the  path  of  virtue.  Yet  she  was  Tom 
Gibson's  daughter  and  at  home  under  the  parental 
roof,  and  as  near  and  dear  to  him,  dear  reader,  as  your 
daughter  is  to  you. 


CHAPTER  XVII. 

MURDER    OF   AARON    M'MAHAN. 

Among  the  many  murders  in  Sevier  county  growing 
out  of  White-capping,  none  perhaps  has  been  so  bold 
and  reckless  as  that  of  Aaron  McMahan  who  was  shot 
and  killed  from  ambush  in  the  month  of  July,  1896, 
by  Newt  Green  and  West  Hendricks. 

There  is  no  doubt  that  this  murder  was  instigated 
by  the  White-caps,  and  that  Green  and  Hendricks 
were  full-fledged  members  of  that  organized  band  of 
outlaws.  The  facts  leading  up  to  this  murder  are 
about  as  follows : 

Aaron  McMahan.  who  was  killed  as  above  stated, 
lived  in  the  Sixth  district  of  Sevier  county  in 
what  is  known  in  East  Tennessee  as  Wear's  Valley, 
one  of  the  most  beautiful  little  valleys  in  East  Tennes- 
see, nestling  as  it  does  at  the  foot  of  the  great  Smoky 
mountains,  and  claiming  for  its  citizenship  many  of 
the  best  citizens  of  Sevier  county. 

Among  them  was  Aaron  McMahan,  a  substantial 
farmer  and  a  hard-working,  industrious  man.  He  was 
about  fifty  years  old  and  had  a  wife  and  a  large  family 
of  children,  some  of  whom  were  grown  up  and 
married  and  had  family  circles  of  their  own,  while  his 
youngest  was  an  infant  at  the  mother's  breast. 

Green  and  Hendricks  were  cousins  and  McMahan 
was  their  uncle,  his  wife  being  a  sister  of  Green's 
father  and  Hendricks'  mother.  Green  and  Hendricks 


THE   WHITE-CAPS.  99 

lived  near  each  other  in  the  hills  about  three  or  four 
miles  north  of  Wear's  Valley,  near  Pigeon  Forge, 
which  place  has  had  more  White-caps  than  any  other 
locality  in  Sevier  county,  according  to  accepted 
reports. 

McMahan's  daughter  had  married  James  Clabough, 
a  poor  but  respected  citizen  of  the  county,  who,  at  the 
time  of  the  murder  and  prior  to  that  time,  had  been 
living  in  what  is  known  as  the  L,ittle  Cove,  near  to  the 
home  of  Green  and  Hendricks,  and  on  the  public  road 
leading  into  Wear's  Valley. 

Clabough's  wife  had  been  accused  by  the  White-caps 
of  not  being  virtuous,  and  as  they  felt  called  upon, 
under  their  code  of  morals,  to  correct  all  unchaste 
conduct  in  their  neighbors,  they  had,  only  a  short  time 
before  the  killing  of  McMahan,  gone  to  the  Clabough 
home,  dragged  Mrs.  Clabough  out  of  bed  and  house 
in  the  night  and  administered  to  her  an  unmerciful 
whipping. 

The  McMahan  family  were,  of  course,  aroused  over 
the  matter  and  expressed  their  opinion  freely  against 
the  White-caps  and  the  cowardly  night  attacks  on 
defenseless  women. 

Green  and  Hendricks,  with  others,  were  accused  of 
being  in  the  gang  that  had  whipped  Mrs.  Clabough, 
and  prosecutions  and  trials  had  grown  out  of  it,  one  of 
the  trials  occurring  before  J.  A.  Tarwater,  Esq.,  in 
Wear's  Valley,  on  the  day  before  the  murder. 

The  next  morning  after  the  trial,  Aaron  McMahan, 
his  son  Amos,  and  James  Clabough,  his  son-in-law, 
with  a  two-horse  wagon  loaded  with  wheat,  went  to  the 
Pigeon  Forge  Mills.  While  at  the  mills  waiting  to 


100  THE   WHITE-CAPS. 

have  their  wheat  ground,  some  of  the  White-caps  came 
up  and  they  all  became  engaged  in  a  general  quarrel 
growing  out  of  the  whipping  of  Mrs.  Clabough. 

About  the  middle  of  the  afternoon,  McMahan,  his 
son  and  son-in-law,  started  for  their  home  in  Wear's 
Valley,  about  eight  miles  distant.  As  they  were  pas- 
sing through  L,ittle  Cove,  about  four  o'clock,  in  a 
lonely  and  secluded  place  with  hills  and  dense  woods 
on  each  side  of  the  road,  two  gun  shots  suddenly 
rang  out  on  that  July  evening  which  cost  Aaron 
McMahan  his  life  and  dangerously  wounded  his  two 
companions. 

The  horses,  frightened  by  the  gun  shots,  instantly 
became  unmanageable  and  ran  away.  The  elder 
McMahan,  although  having  received  his  death  wound, 
was  conscious  of  what  was  happening,  yet  was  power- 
less to  stop  the  flying  steeds,  while  Clabough  received 
a  wound  in  the  back  of  the  neck  which  so  shocked 
him  that  he  fell  from  the  wagon  unconscious  and  was 
left  lying  prostrate  in  the  road.  The  younger 
McMahan,  while  not  seriously  wounded,  having  only 
received  a  flesh  wound  in  the  leg,  was  so  dazed  and 
frightened  that  he  failed  to  realize  the  condition  of 
affairs. 

The  team,  however,  was  stopped  by  some  parties 
who  met  it,  and  the  wounded  men  taken  to  the  nearest 
house,  which  was  John  Myers'.  The  news  soon 
spread  from  house  to  house  until  the  whole  commun- 
ity was  aroused  and  had  gathered  at  the  place  where 
the  wounded  men  lay.  Dr.  Massey,  of  Sevierville,  was 
at  once  sent  for  and  did  all  he  could  to  allay  their 
suffering.  Clabough  and  young  McMahan  recovered, 


THE    WHITE- CAPS.  lot 

but  Aaron  McMahan,  after  lingering  and  suffering 
untold  agonies  for  about  ten  days,  died  with  the 
declaration  on  his  lips  that  Newt  Green  and  West 
Hendricks  killed  him. 

It  was,  indeed,  a  heart-rending  scene  to  see  three 
inoffensive,  law-abiding  citizens  of  the  county  lying 
prostrated  upon  couches  with  blood  issuing  from 
ghastly  wounds  which  meant  certain  death  to  one  of 
them.  The  groans  of  the  men,  shot  down  in  broad 
day  light,  without  cause  and  without  notice,  mingled 
with  the  piteous  cries  of  wives  with  babes  in  their 
arms  and  little  children  clinging  to  their  skirts  in  terror, 
brought  tears  to  the  eyes  of  the  stout-hearted  men  who 
had  gathered  around  the  house  in  large  numbers,  and 
they  no  doubt  vowed  in  their  hearts  that  the  cowards 
who  had  committed  this  foul  murder  should  be  pun- 
ished, and  that  White-capism  in  Sevier  county  must 
cease. 

The  good  resolutions  there  formed  were  kept, 
for  West  Hendricks  and  Newt  Green  are  now  serving 
an  imprisonment  of  twenty  years  in  the  state  peniten- 
tiary, and  the  White-cap  organization  is  now  extinct 
and  its  leaders  scattered. 

There  is  no  doubt  as  to  the  guilt  of  Green  and 
Hendricks.  They  planned  and  perpetrated  this  bloody 
broad  da)7light  assassination,  and  the  only  wonder  is 
that  a  jury  should  return  a  verdict  of  murder  in  the 
second  degree  and  fix  their  punishment  at  twenty 
years  in  the  penitentiary  instead  of  condemning  them 
to  pay  the  penalty  on  the  gallows. 

Green  and  Hendricks  were  seen  on  the  day  of  the 
murder  near  the  place  where  the  shooting  occurred 


102  THE   WHITE-CAPS. 

with  guns,  and  were  passed  by  McMahan  and  his  asso- 
ciates that  morning  on  their  way  to  the  mill  at  Pigeon 
Forge. 

Aaron  McMahan  said  from  the  very  first  that  Green 
and  Hendricks  had  shot  him ;  that  he  heard  a  noise  in 
the  woods  near  the  roadside,  and  just  as  he  looked 
around  and  saw  them  their  guns  were  discharged ; 
that  one  was  a  rifle  and  the  other  a  shot  gun.  To  this 
statement  he  adherred  unequivocally  until  he  died, 
having  made  two  or  three  formal  dying  declarations  to 
this  effect. 

The  accused  men  were  at  once  arrested  and  given  a 
preliminary  hearing  before  Esquires  J.  A.  Bryan  and 
J.  A.  Tarwater  who  first  held  them  to  court  under 
heavy  bond  for  felonious  assault,  but  after  Aaron 
McMahan  died  a  new  warrant  was  issued  charging 
them  with  murder,  and  they  were  held  to  court  by  J. 
R.  Houk,  Esq.,  without  bond.  They  applied  after- 
wards for  bail  under  writ  of  habeas  corpus  before  Judge 
Hicks,  but  it  was  denied  them  and  they  remained  in 
the  Sevier  county  jail  until  they  were  tried  at  the 
March  term,  1897,  of  the  circuit  court,  which  resulted 
as  above  stated  in  a  sentence  of  twenty  years  in  the 
penitentiary.  Pending  an  appeal  to  the  supreme 
court,  Green  and  Hendricks  with  a  number  of  other 
prisoners  overpowered  the  jailer,  H.  D.  Bailey,  and 
made  good  their  escape. 

Among  those  who  made  their  escape  with  Green 
and  Hendricks  was  the  notorious  George  Thurmer, 
who  is  well  known  in  criminal  circles  and  who  was 
afterwards  recaptured  in  the  state  of  Kentucky  by 
deputy  ^sheriff  Tom  Davis,  who  has  so  long  been  a 


THE   WHITE-CAPS.  103 

terror  to  criminals  in  Sevier  county  and  especially  to 
the  White-caps. 

After  their  escape  from  jail,  Green  and  Hendricks 
scouted  in  different  parts  of  Sevier  county,  but  most 
of  the  time  in  the  hill  country  around  Pigeon  Forge 
and  Ivittle  Cove  where  they  were  harbored  and  pro- 
tected by  their  White-cap  friends  and  sympathizers. 

Many  were  the  stories  that  were  afloat  during  the 
summer  of  1897  as  to  the  boldness  with  which  these 
two  criminals  travelled  over  the  community  and  along 
the  public  highways,  sometimes  at  work  in  the  fields 
and  at  other  times  attending  public  gatherings  in  the 
community  and  yet  not  discovered  or  recaptured  by 
the  officers  of  the  law.  To  what  extent  these  reports 
are  true  we  do  not  know,  but  it  is  safe  to  say  they 
played  a  bold  hand,  and,  backed  by  their  White-cap 
associates  and  sympathizers,  they  played  the  Jesse 
James  act  pretty  well  in  defying  the  officers  of  the 
law. 

Much  interest  was  centered  in  the  trial  of  these  two 
White-cap  murderers.  J.  R.  Penland,  Esq.,  who 
has  shown  a  keen  interest  in  putting  an  end  to  White- 
capping  in  Sevier  county  and  restoring  to  her  and  her 
people  the  good  name  they  formerly  bore,  was  retained 
by  Aaron  McMahau,  prior  to  his  death  and  after  he 
had  received  his  death  wounds,  to  prosecute  his  slayers. 

He  undertook  the  duty  and  prosecuted  the  case 
with  all  the  vigor  and  ability  characteristic  of  this 
well  known  lawyer.  The  defendants  were  represented 
by  W.  W.  Mullendore,  Geo.  L.  Zirkle,  W.  G.  Caton 
and  A.  M.  Paine,  an  able  array  of  counsel,  but  with  all 
their  ability  and  all  the  aid  which  the  White-cap 


104  TH]B   WHITE'-CAPS. 

organization  could  bring  to  them  in  the  way  of  proof 
and  witnesses,  and  in  the  selection  of  jurors,  yet  a  jury 
of  twelve  men  said  that  they  were  guilty  and  should 
suffer  for  their  bloody  deed. 

As  before  stated,  it  is  difficult  to  see  how  the  jury 
could  return  a  verdict  of  murder  in  the  second  degree 
when  the  facts  seem  to  make  it  a  most  aggravated 
case  of  murder  in  the  first  degree,  yet  it  is  just  one  of 
those  unexpected  results  which  often  occur  in  jury 
trials. 

While  Green  and  Hendricks,  after  their  escape  from 
jail,  had  remained  for  several  months  among  their 
friends  in  Sevier  county  secure  from  the  officers  of  the 
law,  yet  they  concluded  that  it  would  be  safer  for 
them  to  roam  in  different  fields,  and  it  is  said  that 
during  the  July  term  of  the  circuit  court  in  Sevierville, 
1897,  they  boldly  walked  into  the  town  after  dark  and, 
with  friends,  hired  a  hack  from  a  livery  stable  and 
drove  to  Knoxville  that  night  and  on  the  following 
morning  boarded  the  west  bound  train  for  the  L,one 
Star  state. 

The  chief  cause  of  their  sudden  departure  from 
this  section  is  supposed  to  be  the  presence  of  Judge 
Nelson  who  was  to  hold  the  Circuit  Court  of  Sevier 
county  in  the  place  of  Judge  Hicks.  It  was  under- 
stood by  the  White-caps,  whether  true  or  not;  that  the 
new  judge  was  sent  there  especially  to  deal  with  them, 
and  it  seems  that  his  presence  did  strike  terror  in  their 
ranks. 

So  Green  and  Hendricks  made  up  their  minds  to 
leave  at  the  time  stated,  but  it  is  asserted  on  reliable 
authority  that  several  important  meetings  were  held 


THE"  WHITE-CAPS.  105 

prior  to  their  departure  in  which  it  was  decided  to  do 
some  desperate  things.  At  one  of  these  meetings  it 
was  agreed  that  Dr.  Massey,  who  was  an  important 
witness  against  Green  and  Hendricks  on  their  trial,  J. 
R.  Penland,  who  had  prosecuted  them,  and  Tom  Davis, 
whom  they  hated  worse  than  Satan,  should  all  be  put 
to  death,  and  that  Green  and  Hendricks  were  the  ones 
delegated  by  the  mystic  order  to  execute  this  desper- 
ate scheme. 

One  of  the  White-caps  gave  out  this  story,  whether 
true  or  not,  by  informing  one  of  the  parties  that  such 
an  agreement  was  made  and  such  an  order  given  in 
their  meeting.  He  told  of  the  time  and  manner  in 
which  the  crime  was  to  be  committed  in  order  that  he 
might  be  on  guard  and  protect  himself  against  his 
would-be  assassins,  as  the  informer  wras  a  better  friend 
of  his  than  of  the  White-caps.  In  this  way  the  three 
named  gentlemen  were  put  on  their  guard  and  no 
doubt  would  have  given  their  assailants  a  warm  recep- 
tion if  they  had  been  attacked,  but  on  that  very  night 
Green  and  Hendricks  left  Sevier  county  in  the  manner 
above  stated. 

It  is  to  be  hoped  that  the  above  story  was  not  true, 
but  if  they  would  deliberately  waylay  the  McMahans 
in  broad  daylight  and  without  warning  murder  them, 
would  they  not  be  equally  willing  to  wreak  vengeance 
on  others,  especially  when  urged  and  ordered  to  do  so 
by  the  organization  .which  had  sheltered  them  in  their 
extremity  ? 

No  doubt  the  White-cap  organization,  and  particu- 
larly some  of  its  members  who  almost  felt  the  halter 
tightening  around  their  necks,  were  especially  anxious 


106  THE   WHITE-CAPS. 

to  get  rid  of  the  three  men  marked  as  the  victims  of 
that  midnight  conspiracy.  But  even  some  good  may 
come  out  of  Nazareth.  As  bad  as  the  White-caps 
were  and  whatever  bad  there  was  in  the  one  who 
revealed  this  murderous  scheme,  yet  he  is  to  be  com- 
mended for  having  averted  a  crime  which  would  again 
have  blackened  the  character  of  Sevier  county. 

We  close  this  chapter  by  saying  that  a  condition  of 
society  that  will  allow  men  to  be  shot  down  in  broad 
daylight  on  the  public  highways  while  following  their 
lawful  and  peaceful  avocations,  and  after-ward  to  shield 
and  harbor  the  perpetrators  in  the  community  where 
it  is  done  is  an  appalling  state  of  affairs  indeed.  And 
yet  such  was  the  history  surrounding  the  murder  of 
poor  Aaron  McMahan. 


HENDRICKS.        SHERIFF  DAVIS.        GREEN. 


CHAPTER  XVIII. 

CAPTURE   OF   GREEN   AND    HENDRICKS. 

The  capture  of  Newt  Green  and  West  Hendricks 
was  the  last  and  most  important  capture  made  by  Tom 
Davis  while  deputy  sheriff  of  Sevier  county.  Green 
and  Hendricks  were  two  notorious  White-caps,  and 
murderers  of  Aaron  McMahan,  as  detailed  in  the 
preceding  chapter. 

They  were  arrested  soon  after  the  murder,  by 
sheriff  M.  F.  Maples  and  deputy  sheriff  R.  C.  McGill, 
and  placed  in  the  Sevierville  jail.  They,  however, 
were  not  satisfied  with  their  accommodations  and  soon 
afterwards  made  their  escape.  For  many  months  they 
ran  at  large,  spending  most  of  their  time  in  the  moun- 
tains of  Sevier  county,  near  their  old  home,  where 
they  knew  every  by-path  and  had  plenty  of  friends. 

Sheriff  Maples  and  his  deputies  laid  many  plans  and 
set  many  traps  for  these  two  wily  offenders,  but  Newt 
and  Wes,  as  they  were  familiarly  known,  were  "  slick 
ducks,"  and  many  times  when  the  officers  were  elated 
over  the  prospects  of  their  capture  it  was  found,  to 
their  great  surprise,  that  some  gap  had  been  left  open 
and  their  game  had  fled. 

Newt  and  Wes  were  naturally  shrewd,  and  there 
was  no  one  who  could  endure  more  hardships  than 
either  of  these  mountain  boys.  The  country  surround- 
ing their  old  home  was  one  continuous  range  of  rugged 
mountains.  This  and  their  many  friends  afforded 
them  great  protection  from  the  officers  of  the  law. 


110  THE  WHITE-CAPS. 

But  by  and  by  the  officers  made  it  too  hot  for  them 
and  they  "pulled  their  freight"  for  parts  unknown. 

On  Wednesday,  during  the  July  term  of  the  Circuit 
court,  1897,  the  town  of  Sevierville  was  thrown  into 
great  excitement  over  the  current  report  that  Tom 
Davis,  attorney  J.  R.  Penland  and  Dr.  Z.  D.  Massey 
were  to  be  killed  that  night.  Newt  Green  and  Wes 
Hendricks  were  detailed  to  do  the  job.  It  was  a  well- 
laid  plan,  and  had  it  not  been  for  a  friend  of  Dr. 
Massey,  who  was  a  member  of  the  lawless  band,  giving 
him  timely  warning,  the  plan  would  no  doubt  have 
been  carried  into  effect,  and,  perhaps,  remained  a 
mystery  forever.  For  who  would  have  suspected 
Green  and  Hendricks,  who  were  then  hiding  in  the 
mountains  to  avoid  capture,  of  committing  another 
crime,  equally  atrocious? 

Judge  Nelson  learned  of  what  was  happening  and 
ordered  sheriff  Maples  to  summon  a  posse  of  men 
to  intercept  Green  and  Hendricks  and  capture  them  at 
all  hazards,  dead  or  alive. 

Sheriff  Maples  lost  no  time  in  calling  his  men 
together.  A  consultation  was  held  and  his  forces 
divided,  sending  Tom  Davis  with  a  part  of  them  on 
one  road,  while  he  took  the  remainder  and  started  up 
the  west  prong  of  the  river.  It  was  a  dark,  dreary 
night.  Two  miles  up  the  river,  Sheriff  Maples  met 
some  suspicious  parties,  on  top  of  a  hill.  Neither 
party  spoke.  The  sheriff  and  his  posse  rode  to  the 
foot  of  the  hill,  held  a  hasty  consultation  and  decided 
to  follow,  as  they  were  going  in  the  direction  of 
Sevierville,  and,  if  possible,  learn  their  mission.  Evi- 
dently, the  other  party  had  also  decided  to  watch  the 


THE   WHITE-CAPS.  Ill 

sheriff's  party,  as  both  met  again  on  top  of  the  hill, 
the  same  spot  where  they  had  met  only  a  few  minutes 
before. 

Sheriff  Maples  and  his  men  dashed  to  the  foot  of  the 
hill,  dismounted,  and  on  foot  slipped  around  to  the 
other  side  of  the  hill  just  in  time  to  see  the  other 
party  fording  the  river  at  a  break-neck  speed, 
having  left  the  main  road ;  and  soon  after,  the  clatter 
of  hoofs  died  away  in  the  distance.  The  sheriff  and 
his  men  returned  to  Sevierville,  and  everything  was 
quiet  once  more. 

Green  and  Hendricks  left  that  night  for  parts 
unknown.  But  soon  their  old  enemy  was  again  on 
their  trail.  Tom  Davis  disappeared  from  Sevierville 
also,  and  for  three  long  weeks  he  traversed  the  moun- 
tains of  western  North  Carolina  in  a  vain  effort  to 
capture  these  notorious  outlaws  who  had  so  often 
boasted  of  their  success  in  eluding  the  officers  of  the 
law.  Tom's  failure  did  not  discourage  him  in  the 
least.  He  was  not  disheartened,  but  on  the  contrary, 
vowed  he  would  yet  capture  Green  and  Hendricks. 
His  ever-restless  spirit  nerved  him  on  to  greater  effort 
and  final  success. 

Weeks  went  by  and,  apparently,  no  effort  was  being 
made  to  apprehend  these  two  outlaws.  Davis,  how- 
ever, was  working  a  clew  which  finally  led  to  their 
capture.  Again  he  disappeared,  and  not  a  friend 
knew  his  whereabouts,  except  his  brother-in-law, 
Andrew  L,ove  and  Dr.  Z.  D.  Massey.  He  was  on  his 
way  to  Texas,  feeling  sure  of  success.  In  due  time, 
he  reached  Paris,  Texas,  in  complete  disguise  as  a  book 
agent.  His  disguise,  perhaps,  was  more  like  the  garb 


112  THE   WHITE-CAPS. 

worn  by  members  of  the  Salvation  army,  as  he  was 
frequently  asked  if  he  was  a  captain  of  that  organi- 
zation. 

The  sheriff  of  Paris  tendered  him  a  cordial  welcome, 
but  where  were  Green  and  Hendricks?  They  had 
disappeared,  and  not  a  trace  of  them  could  be  found. 

Dr.  Z.  D.  Massey,  a  relentless  enemy  of  the  White- 
caps  and  a  life-long  friend  of  Tom  Davis,  was  working 
the  other  end  of  the  line.  A  telegram  came  : 

"  Your  men  at  Honey  Grove. — Z.  D.  MASSEY." 

Tom  arrived  at  Honey  Grove7  thirty  miles  beyond 
Paris,  at  sunset  the  same  evening.  Officers  were 
anxious  to  lend  a  helping  hand,  and  the  whole  country 
for  miles  around  was  scoured.  But  again  the  game  had 
flown.  Green  and  Hendricks  had  been  seen  about 
there,  but  had  disappeared  as  completely  as  though  the 
earth  had  opened  and  swallowed  them. 

In  the  meantime,  the  two  outlaws,  becoming  uneasy, 
had  boarded  a  freight  train,  at  midnight,  and  were  on 
their  way  back  to  New  Boston,  over  the  same  road 
they  had  travelled  a  few  days  before.  Davis  received 
another  telegram : 

"Your  men  at  New  Boston,  going  by  the  names  of 
Prank  Nolan  and  Charley  Harrison. — Z.  D.  MASSEY." 

The  news  came  too  late  to  catch  the  passenger  train 
that  night,  so  he  undertook  to  board  a  freight  train, 
but  the  conductor  told  him  that  he  was  a  new  man 
and  that  the  old  conductor  had  been  discharged  for 
allowing  two  strange  men  to  ride  to  New  Boston  a  few 
nights  before.  Tom's  face  lit  up  as  he  exclaimed 
"Where  is  that  man?" 


THE  WHITE-CAPS.  113 

The  man  was  found  and  furnished  an  accurate 
description  of  the  two  men  wanted.  Tom  grew  more 
anxious  than  ever,  and  was  at  the  depot  next  morning 
long  before  the  train  was  due.  He  arrived  at  New 
Boston  where  he  found  the  deputy  sheriff,  Ed  Lynch, 
waiting  his  arrival.  But  the  officers  were  out-done 
again.  Green  and  Hendricks  had  arrived  in  the 
night,  disappeared  in  the  night,  and  left  no  trace 
behind. 

For  several  days  the  two  officers  scoured  the  country 
together,  but  in  vain.  The  trail  had  been  completely 
lost.  The  local  officers  gave  up  the  chase  and 
returned  to  New  Boston. 

Deputy  sheriff  Davis  began  preparing  to  return 
home.  He  had  kept  up  his  courage  all  the  while.  For 
eight  long  months  he  had  followed  their  foot  steps 
over  the  rugged  mountains  of  East  Tennessee,  and 
now  he  was  trying  his  hand  with  them  on  the  plains 
of  Texas  and  had  been  out-witted. 

But  "  fortune  favors  the  brave."  While  standing 
at  the  depot,  waiting  for  a  train,  a  cattle  trader  came 
riding  into  town.  Deputy  sheriff  Lynch  said  "  There 
goes  a  man  who  has  been  all  over  eastern  Texas,  buy- 
ing cattle.  He  is  a  man  who  never  forgets  a  face." 

This  man,  when  questioned  about  the  fugitives, 
said,  "Yes,  I  have  seen  your  men,  eleven  miles  from 
here,  going  in  the  direction  of  Indian  Territory." 

No  time  was  lost.  The  two  officers  and  the  cattle 
buyer,  seated  in  a  hack,  were  off  at  once  in  hot  pursuit. 
At  Red  river  they  met  an  old-time  darkey,  who,  in 
response  to  questions  asked  him,  replied,  "Yes,  sir, 
boss.  Til  tell  you ;  they're  right  over  there  in  that 
cotton  gin,  right  now." 


114  THS   WHITE-CAPS. 

The  last  plan  was  laid.  The  officers  crossed  the 
river  and  the  cotton  gin  was  surrounded.  Green  was 
arrested  first,  and  when  told  by  deputy  sheriff  Lynch 
hit  he  was  wanted  at  Texarkana,  hung  his  head  a 
moment  and  then  said  : 

"  Hell,  I've  heard  that  old  tale  before.  We  ain't 
done  anything  at  Texarkana.  I  guess,  by  G — d,  Tom 
Davis  wants  us  in  Tennessee." 

He  glanced  over  at  the  othfer  two  officers  and  said  : 
"  Hello  Tom,  by  G — d,  you've  got  your  mustache 
blacked,  but  I  know  you." 

The  two  prisoners  were  hand-cuffed  together  and 
they  started  at  once  on  the  return  trip  to  New  Boston, 
Green  and  Hendricks  singing  "  Take  me  back  to  Ten- 
nessee ;  there  let  me  live  and  die." 

They  had  been  trapped  at  last,  and  deputy  sheriff 
Tom  Davis  returned  home  with  his  two  prisoners  in 
charge  and  his  ambition  satisfied.  He  had  paid  out, 
in  all,  one  hundred  and  sixty-five  dollars,  but  sheriff 
Maples,  always  willing  to  share  the  burdens,  tendered 
his  worthy  deputy  a  hundred  dollar  check. 


CHAPTER  XIX. 

THE   CAPTURE   OF   GEORGE  THURMER. 

George  Thurmer  is  a  noted  criminal  and  a  native  of 
Knox  county.  At  the  time  of  his  connection  with 
Sevier  county  depredations,  he  had  just  returned  from 
serving  a  term  in  the  penitentiary  for  the  murder  of 
policeman  Hoyle  in  Knoxville. 

George  was  a  shrewd  fellow,  a  free  drinker,  an 
expert  gambler  and  by  no  means  a  coward.  These 
were  the  qualifications  which  recommended  him  to  the 
White-caps  as  a  suitable  member  for  their  mystic 
order.  Soon  after  his  arrival  in  Sevierville,  standing 
within  fifty  feet  of  the  court  house,  he  took  the 
required  oath,  which  was  administered  to  him  by 
Catlett  Tipton,  the  captain  of  the  Sevierville  band, 
who  is  now  under  sentence  of  death  for  the  murder  of 
Wm.  Whaley  and  wife. 

Soon  after  his  admission  to  the  order,  John  Burnett, 
an  old  pensioner,  was  robbed.  George  Thurmer,  along 
with  several  others,  was  indicted  for  this  crime. 
George  succeeded  in  eluding  the  officers  for  some  time, 
but  was  finally  captured  in  Knox  county  by  Tom 
Davis  and  returned  to  Sevierville,  where  he  was  placed 
in  the  County  jail.  For  this  capture  Davis  is  indebted 
to  sheriff  J.  C.  Groner  and  C.  A.  Reeder  who  rendered 
him  material  assistance.  George  was  too  fine  a  bird  to 
remain  long  in  a  cage.  So,  one  day,  when  the  jailer 
was  just  in  the  act  of  handing  him  his  breakfast, 
George  seized  him  while  others  took  the  keys  from 
him,  and  they  all  made  good  their  escape. 


Il6  THE   WHITE-CAPS. 

Again  he  eluded  the  officers  for  several  months. 
But  one  day  while  down  in  a  hole  digging  a  founda- 
tion for  a  trestle,  near  Pineville,  Ky.,  he  was  startled 
by  hearing  a  harsh  voice  commanding  him  to  throw  up 
his  hands.  On  looking  up  he  saw  an  officer  standing 
over  him  with  a  forty-four  calibre  pistol  pointed  square 
at  his  breast.  George  smiled  and  said  "  That's  |all 
right,  sir,"  and  his  hands  went  up.  The  officer  was 
ex-chief  of  police  of  Pineville,  Ky.  He  was  then  asked 
if  his  name  was  Charley  Wilson. 

"  Yes,  sir." 

"  Is  your  name  Pet  Thurmer  ?  " 

"  Yes,  sir." 

"  Is  your  right  name  George  Thurmer?  " 

"Yes,  sir." 

George  then,  in  turn,  began  to  question  the  officer  : 

"  Where  is  Tom  Davis  ? " 

By  this  time  Davis  was  fast  approaching  from  the 
other  end  of  the  trestle.  Turning  him  around,  the 
officer  asked,  "  Do  you  know  that  man  coming 
yonder?  " 

"  Yes,  by  G — d,  that's  Tom  Davis  now.  I  dreamed 
last  night  he  walked  right  up  behind  me  in  a  saloon. 
I  grew  uneasy  and  was  fixing  to  leave  as  soon  as  pay 
day  come,  but  its  too  late,  now.  I  guess  I'll  go  back 
to  Tennessee  with  Tom.  He's  a  good  fellow,  and 
always  pays  my  fare  when  we  travel  together.  This 
is  twice  he  has  captured  me,  and  if  I  ever  get  out  of 
that  old  jail  again  he  will  never  see  me  any  more,  for  I 
will  go  up  in  a  balloon,  cut  her  loose  and  leave  no 
trace  behind." 


THE  WHITE-CAPS.  117 

The  two  officers  had  laid  in  wait  for  George  the 
night  before  at  Pineville,  but  he  failed  to  put  in  his 
appearance.  So,  mounted  on  two  good  horses,  they 
made  their  way  down  on  the  south  side  of  the  Cum- 
berland river  to  a  point  just  opposite  the  trestle, 
where  George  was  at  work.  Fording  the  river  before 
daylight  and  hitching  their  horses  under  the  river 
bank  they  placee  themselves  one  at  each  end  of  the 
trestle  and  waited  for  Thurmer  to  come  to  the  works. 
George  walked  into  the  trap,  was  captured  and 
returned  to  the  Sevierville  jail  once  more. 


CHAPTER  XX. 

THE  MURDER  OF  WILLIAM  AND  LAURA  WHALEY. 

The  greatest  crime  for  which  Sevier  county  must 
answer  is  that  of  the  double  murder  of  William  and 
L,aura  Whaley  in  their  cabin  home  two  miles  and  a  half 
north  of  Sevierville  on  the  night  of  December  28th, 
1896.  It  was  the  work  of  paid  assassins,  and  is  one  of 
the  most  cruel  crimes  on  record.  For  it,  Pleas  Wynn 
and  Catlett  Tipton  are  to  pay  the  penalty  on  the 
gallows,  and  Bob  Catlett  and  Bob  Wade  have  yet  to  be 
tried  as  accessories  before  the  fact. 

William  Whaley  was  a  mountain  lad  and  a  farmer. 
He  married  Laura  McMahan.  The  parents  of  both 
were  poor  but  respectable. 

Bob  Catlett  was  one  of  the  largest  farmers  on  the 
French  Broad  river  and  one  of  the  largest  tax  payers 
in  Sevier  county,  living  six  miles  west  of  Sevierville. 
For  years  he  had  exercised  a  controlling  influence 
over  affairs  in  the  county  and  had  to  his  credit  much 
that  was  bad. 

Pleas  Wynn  is  the  son  of  Captain  E.  M.  Wynn,  and 
has  a  good  wife.  He  was  never  known  to  do  a  whole 
day's  work,  but  loafed  about  town,  sometimes  fishing 
and  hunting  for  pastime. 

Catlett  Tipton  was  also  a  man  of  family  who 
worked  at  odd  jobs  about  town  and  was  a  "pal"  of 
Wynn's. 

Bob  Catlett,  Bob  Wade,  Pleas  Wynn  and  Catlett 
Tipton  were  members  of  the  White-cap  band  in  Sevier- 


THE   WHITE-CAPS.  IIQ 

ville,  which  may  account  for  their  joint  participation 
in  this  horrible  crime.  Catlett  Tipton  was  the  captain 
of  the  band. 

THE  MOTIVES  WHICH  PROMPTED  THE  MURDER. 

Every  crime  has  a  motive,  and  sometimes,  as  in  this 
case,  is  started  from  a  most  common  and  insignificant 
circumstance — simply  the  leasing  of  a  small  cabin  and 
tract  of  land. 

In  December,  1895,  William  Whaley  leased  of  Bob 
Catlett  a  tract  of  land  and  with  it  the  occupancy  of  a 
small  house,  the  rental  value  of  which  was  to  be  paid 
by  a  portion  of  the  crop  raised  on  the  place.  At  the 
time  of  this  transaction,  the  cabin  was  occupied  by 
Walter  Maples.  It  is  located  on  the  Knoxville  and 
Sevierville  pike,  near  the  residence  of  Bob  Catlett. 

Whaley  and  his  wife  appeared  on  the  day  fixed  by 
Catlett  for  them  to  take  possession  of  the  leased 
premises,  but  Maples  refused  to  vacate. 

Catlett  then  gave  them  another  house-  to  live  in 
until  Maples  could  be  dispossessed.  Maples  proved  to 
be  a  contumacious  tenant,  although  Whaley  made  fre- 
quent demands  of  Catlett  for  possession. 

One  night  Catlett  and  his  wife's  brother,  Bob  Wade, 
appeared  at  the  cabin  where  Whaley  was  temporarily 
quartered.  Catlett  gave  Laura  Whaley  a  sheet  of 
paper  and,  with  his  gun  pointed  at  her,  demanded  her 
to  write  a  White-cap  letter  to  Maples  requiring  pos- 
session of  the  house.  Laura  bravely  refused,  but  when 
she  looked  toward  her  husband  and  saw  that  he  was 
also  covered  by  a  gun  in  Bob  Wade's  hands,  and 
believing  Wade's  warning  that  Catlett  was  drunk  and 


120  THE  WHITE-CAPS. 

would  kill  her  if  she  did  not,  she  finally  consented. 
Catlett  gave  her  a  notice  to  copy  which  read  as 
follows : 

"  WALTER  MAPLES  : 

"  If  you  do  not  move  out  of  this  house  in  five  days,  the 
penalty  of  the  White-caps  \  ill  be  visited  on  you.  The  time 
is  half  up  now.— WHITE-CAPS." 

"  D n  you,  don't  dot  your  i's  and  cross  your  t's," 

said  Catlett  to  the  poor  woman. 

He  then  administered  to  L,aura  the  fearful  oath  of  the 
order,  which  meant  certain  death  if  any  of  the  secrets 
of  the  clan  were  revealed.  He  then  demanded  of 
1/aura  one  of  her  dress  skirts  which  he  put  over  his 
head  as  a  disguise,  and  he,  Wade  and  William  Whaley, 
who  at  the  point  of  a  gun  was  forced  to  accompany 
them,  proceeded  to  Maple's  cabin,  where  Whaley  was 
forced  to  nail  the  notice  on  the  door. 

Stones  were  thrown  at  the  house  and  Catlett  fired  a 
load  of  buckshot  through  the  chinks,  some  of  the  shot 
going  into  the  bed  in  which  Maples,  his  wife  and 
children  were  lying  in  abject  terror. 

A  few  days  after  this  occurence,  Maples,  who  was 
convinced  of  the  unhealthfulness  of  the  locality, 
moved  to  more  congenial  quarters,  and  Whaley  took 
possession  of  the  property. 

LAURA  WHALEY  VIOLATES  THE  WHITE-CAP  OATH. 

It  has  been  observed  that  Laura  Whaley  had  some 
education  and  could  write;  her  husband,  therefore, 
who  was  illiterate,  depended  upon  her  to  keep  an 
account  of  his  working  days  and  the  amounts  due 
him. 


THE  WHITE- CAPS.  121 

Early  iii  the  spring,  Whaley  had  bought  some 
hogs  of  Catlett  for  which  he  gave  him  a  bill  of  sale  to 
secure  the  payment,  which  was  duly  recorded  in  the 
county  register's  office. 

Whaley  raised  a  crop  of  corn  on  the  leased  land, 
bes'des  working  many  days  for  Catlett  for  which  he 
had  received  no  pay.  In  September,  L,aura  informed 
her  husband  that  the  work  which  he  had  done  for 
Catlett  was  sufficient  to  pay  for  the  hogs.  In  the 
following  month  Whaley  sold  the  hogs  to  meet  other 
financial  obligations. 

Catlett  heard  of  it  and  rode  over  to  Whaley's  house, 
where  he  found  him  gathering  his  corn.  He  ordered 
him  to  "  let  the  corn  alone,"  and  began  cursing  and 
and  abusing  him  for  having  sold  mortgaged  property, 
and  threatened  to  have  him  arrested.  Whaley  told 
him  of  the  number  of  days  he  had  worked  for  him 
which  he  supposed  paid  for  the  hogs. 

Catlett  was  implicable,  however,  and  procured  a 
warrant  for  Whaley's  arrest.  Whaley  heard  of  the 
issuance  of  the  warrant  and  informed  his  wife. 

Laura  Whaley  at  this  time  was  about  to  be  confined, 
and  this  information,  coupled  with  the  fact  that  her 
husband  had  acted  upon  her  suggestion,  so  worried  the 
poor  woman  that  a  daughter  was  prematurely  born. 

Rou.  Catlett,  Bob  Catlett's  daughter,  a  young  school 
teacher,  who  had  the  reputation  of  being  a  good,  kind- 
hearted  and  Christian  woman,  called  at  the  Whaley 
home  to  console  and  congratulate  the  young  mother. 
It  was  a  neighborly,  humane  act,  and  so  sympathetic 
was  the  young  teacher  that  it  touched  the  heart  of  the 
sick  woman ;  so  much  so,  that  she  told  her  of  the 


122  THE   WHITE-CAPS. 

criminal  warrant  and  also  of  the  fearful  ordeal  through 
which  she  passed  on  that  eventful  night  when  her 
father  compelled  her  to  write  the  White-cap  letter  and 
administered  to  her  the  fearful  oath. 

It  is  said  that  Rou.  Catlett  had  a  stormy  scene  with 
her  father  that  night.  She  pleaded  and  entreated  her 
father  not  to  prosecute  Whaley.  The  appeals  of  a 
dutiful  and  loving  daughter  finally  prevailed,  and  Rou. 
obtained  the  coveted  promise.  Accordingly  Catlett 
notified  William  Whaley  that  he  would  drop  the  crim- 
inal proceedings  against  him  and  cancel  the  mortgage. 

"  For  this  you  shall  die,"  he  said  to  I/aura  Whaley ; 
and  ordered  them  to  leave  the  premises  next  day. 

Mrs.  McMahan,  who  was  visiting  her  daughter  for 
the  purpose  of  attending  her  during  her  confinement, 
had  advised  her  to  threaten  Catlett  with  a  revelation 
of  the  White- capping  of  the  Maples  house  and  use  it 
as  a  leverage  to  persuade  Catlett  to  abandon  the  crim- 
inal proceedings;  but,  overcome  by  the  sympathetic 
conduct  of  Catlett's  daughter,  instead  of  making  the 
threat  as  her  mother  advised,  she  told  all  the  particulars 
to  his  daughter  and  violated  her  oath  of  secrecy. 

The  next  morning  William  Whaley  placed  his  wife 
on  a  bed  in  his  wagon,  and  with  her  child,  "  Mollie 
Lillard,"  only  six  days  old,  moved  them  to  a  cabin  on 
a  hillside  nearly  half  a  mile  back  of  the  farm  house  of 
Captain  E.  M.  Wynn,  the  father  of  Pleas  Wynn. 

Whaley  never  received  his  share  of  the  corn,  nor 
twelve  months  after  the  bill  of  sale  for  the  hogs  had 
been  signed  had  the  mortgage  been  released  on  the 
the  records  of  the  county. 


THE   WHITE-CAPS.  123 

In  some  manner  the  confession  of  Laura  Whaley 
leaked  out,  and  deputy  sheriff  Davis  subpoenaed  Wil- 
liam and  Laura  Whaley  to  appear  before  the  grand 
jury  at  the  November  term  of  the  court,  1896. 

Whaley  and  his  wife  went  to  the  court  house  in 
Sevierville,  taking  with  them  Lizzie  Chandler,  an  elder 
sister  of  Mrs.  Whaley,  and  the  child,  Mollie  Lillard. 

Laura  Whaley  went  before  the  grand  jury,  and  the 
oath  to  tell  ' '  The  truth,  the  whole  truth  and  nothing 


CABIN  ON  THE  WYNN  FARM. 

but  the  truth,  so  help  you  God,"  was  administered. 
It  was  too  impressive  and  awe-inspiring  to  be  disre- 
garded, though  she  knew  that  it  would  place  her  life 
and  that  of  her  husband  and  child  in  jeopardy.  The 
conduct  of  this  poor  woman,  under  these  trying  cir- 
cumstances, was  simply  heroic.  She  followed  the  plain 
path  of  duty  unhesitatingly  and  fearlessly,  regardless 
of  the  dangers  which  threatened  her. 


124  THE   WHITE-CAPS. 

When  she  returned  to  the  office  of  the  circuit  court 
clerk,  where  Lizzie  Chandler,  with  the  child,  awaited 
her,  she  said  to  her  : 

"  Lizzie,  as  I  came  through  the  hall  I  met  Bob  Cat- 
lett  and  Bob  Wade.  They  will  kill  us." 

Catlett  and  Wade  were  indicted  for  the  "  Rocking  of 
the  house  of  Walter  Maples  and  for  shooting  at  it." 
They  were  arrested  and  gave  bond.  Laura  Whaley 
had  violated  the  White-cap  oath.  The  penalty  was 
death. 

PREPARATIONS  TO  LEAVE  THE  COUNTY. 

So  impressed  were  the  Whaleys  with  the  idea  that 
they  would  be  killed  by  or  through  the  efforts  of  Bob 
Catlett  that  they  decided  to  move  to  other  climes,  where 
they  would  be  free  from  molestation. 

Mrs.  McMahan,  the  mother  of  Laura,  lived  with  her 
husband  at  Coal  Creek,  Tennessee.  This  fact  induced 
William  Whaley  to  go  to  this  place  in  search  of  work, 
which  he  found. 

As  soon  as  he  had  accumulated  a  sufficient  amount 
of  money,  he  returned  to  his  wife  and  child  for  the 
purpose  of  moving  them  to  their  new  home. 

Lizzie  Chandler,  having  discovered  that  John  Chand- 
ler, her  husband,  was  a  worthless  and  thriftless  fellow 
and  a  degenerate  White-cap,  had  left  him  and  was 
living  with  the  Whaleys  when  they  went  before  the 
grand  jury.  She  remained  with  her  sister  during 
Whaley's  absence  at  Coal  Creek. 

On  his  return  he  found  his  wife  and  child  and  Lizzie 
as  he  had  left  them  a  month  previous.  Before  he 
could  carry  out  his  intention  of  moving  his  family  to 


THB  WHITE-CAPS.  1 25 

Coal  Creek,  he  was  taken  sick  with  a  severe  attack  of 
the  grip,  and  was  from  that  time  to  the  night  of  his 
death  a  very  sick  man. 

THE  ASSASSIN  HIRED   AND  ALIBI  ARRANGED. 

So  determined  was  Bob  Catlett  to  execute  his  threat 
against  the  Whaleys,  that  he  formulated  many  plans 
and  had  frequent  consultations  with  many  of  the 
White-caps.  Finally  he  offered  Catlett  Tipton  two 
hundred  dollars  to  commit  the  crime.  Tipton  con- 
fessed the  offer  but  denied  the  acceptance.  It  was 
offered  to  others,  but  declined.  Pleas  Wynn,  however, 
accepted  the  offer  and  agreed  to  commit  the  murder. 

Catlett  Tipton  bought  a  box  of  shells  containing 
bird  shot,  and  also  some  dynamite,  several  days  before 
the  murder. 

On  the  day  of  the  murder,  Monday,  December  28th, 
1896,  Bob  Catlett  was  in  Sevierville  and  had  frequent 
consultations  with  Pleas  Wynn  and  Catlett  Tipton. 
Early  in  the  afternoon  he  started  for  North  Carolina 
with  some  horses  which  he  said  he  wanted  to  sell. 
The  route  taken  by  him  was  through  the  mountains, 
stopping  that  night  with  George  Roland,  in  Jones' 
Cove,  sixteen  miles  from  Sevierville.  He  sat  up  until 
a  late  hour  talking  for  the  purpose,  as  subsequent 
events  show,  of  establishing  an  alibi,  should  one  be 
necessary.  * 

Wynn  and  Tipton,  in  order  to  prove  an  alibi,  had 
made  an  appointment  with  several  persons  to  fish  that 
night  in  Hardin's  pool,  less  than  a  mile  south  of 
Sevierville,  on  the  west  fork  of  the  Pigeon  river, 
adjacent  to  the  public  road  and  near  a  farm  house. 
One  of  the  parties  went  to  Sevierville,  according  to 


126  THE   WHITE-CAPS. 

agreement,  and  was  there  when  the  court  house  clock 
struck  five.  He  says  that  neither  Wynn  nor  Tipton 
could  be  found. 

THE  MURDER. 

Just  on  the  edge  of  Sevierville  and  close  by  the 
bridge  over  the  east  fork  of  the  Little  Pigeon  river, 
stands  a  small  one-story  frame  house,  where  the 
Jenkins  boys  ran  a  "blind  tiger" — selling  liquor 
illicitly. 

At  five  o'clock  on  the  evening  of  the  28th  of  Decem- 
ber, just  at  dark,  Pleas  Wynn  entered  this  house  and 
went  into  the  back  room  where  the  liquor  was  kept. 
He  wore  a  long  blue  overcoat  that  reached  nearly  to 
the  ground,  and  he  bought  a  bottle  of  whiskey  which 
he  put  in  his  pocket.  He  asked  Joe  Jenkins  to  lend 
him  his  shot  gun,  but  it  had  already  been  loaned  to 
other  parties.  Going  into  the  room  where  Jap. 
Jenkins  was,  he  picked  up  a  revolver,  and,  putting  it 
in  his  pocket,  said  : 

"I  may  have  need  of  this." 

He  then  went  out  at  the  back  door  and  on  to  the 
stone  abutment  of  the  bridge. 

From  the  facts  adduced  and  the  nature  of  the 
ground  about  the  bridge,  Wynn  must  have  gone  down 
the  east  bank  of  Little  Pigeon  river  to  the  old  ford,  a 
mile  below  town,  where  he  was  joined  by  Catlett  Tip- 
ton,  who  had  crossed  the  river  at  this  point  in  a  boat 
belonging  to  Mark  McCowan.  They  then  followed  a 
foot  path  to  the  cabin  occupied  by  the  Whaleys. 

Wynn  knew  this  path  well.  It  was  on  his  father's 
farm,  and  soon  after  his  marriage  he  had  moved  into 


THE   WHITE-CAPS.  127 

this  same  cabin,  and  had  therefore  traveled  this  path 
many  a  dark  night. 

Less  than  a  quarter  of  a  mile  from  this  cabin  lived 
the  mother  and  brother  of  William  Whaley,  in  a  cabin 
not  unlike  the  one  in  which  William  lived.  Near  Wil- 
liam Whaley 's  cabin  was  a  stable  and  corn  crib.  In  one 
of  these  Wynn  and  Tipton  concealed  themselves  for  the 
purpose  of  making  observations,  for  a  noise  coming 
from  this  direction  was  heard,  about  this  time,  in  the 
cabin  and  John  Whaley,  who  was  at  his  brother's 
house,  went  out  to  discover  the  cause  of  it.  He  found 
nothing  to  arouse  his  suspicions,  however,  and 
re-entered  the  cabin. 

After  a  stay  of  only  a  few  minutes,  John  went 
home.  While  at  supper  he  heard  two  shots  in  the 
direction  of  his  brother's  house,  and,  hastening  back, 
he  found  the  dead  bodies  of  his  brother  and  sister-in- 
law  lying  on  the  floor,  but  the  murderers  had  disap- 
peared. 

It  was  about  seven  o'clock  when  John  left  his 
brother's  house  and  went  home  to  supper.  Laura 
then  undressed  for  the  night  and  laid  down  on  the  bed 
with  her  sick  husband  and  sleeping  child.  Lizzie 
Chandler  occupied  a  bed  in  the  opposite  corner  of  the 
room.  In  the  fireplace  a  bright  fire  was  burning. 

Suddenly  the  front  door  was  burst  open  and  two 
men  entered,  one  unmasked  and  Apparently  unarmed, 
the  other  masked  and  carrying  a  gun.  The  first  men- 
tioned intruder  was  a  man  of  medium  height  and  had  a 
mustache  (Tipton),  the  other,  the  more  conspicuous  of 
the  two  from  the  fact  that  he  wore  a  mask  and  carried 
a  gun,  was  a  low  heavy-set  man  wearing  a  blue  over- 


THB   WHITB-CAPS.  129 

coat  which  reached  almost  to  his  feet.  Stooping  down 
for  some  purpose,  his  mask  parted  from  his  face  and  the 
fire-light  revealed  his  side-face  to  Lizzie  Chandler, 
whose  eyes  were  riveted  on  the  man  with  the  gun. 
Pleas  Wynn  was  the  "man  with  the  mask,"  and  he 
had  assumed  the  responsibility  of  committing  the 
crime. 

"If  you  have  come  to  kill  us,"  pleaded  William 
Whaley,  "  we  will  do  anything  you  say  :  but  spare  our 
lives." 

"  O,  Lord !  O,  Lord  !  If  you  have  come  to  kill  us, 
let  me  give  my  little  baby  to  my  sister  before  I  die," 
was  Laura  Whaley's  appeal. 

It  was  apparent  that  she  realized  her  death  was  a 
certainty,  hence  mother-like  her  last  moments  were 
directed  in  an  effort  to  secure  the  safety  of  her  baby. 
She  recalled  the  fearful  night  when  Bob  Catlett  had 
compelled  her  to  write  the  While-cap  letter,  and  his 
warning  at  that  time  when  he  said  : 

"We  are  all  in  this,  we  will  die  with  you  in  this," 
meaning  the  White-cap  oath.  She  also  remembered 
that  on  the  night  he  agreed  to  release  the  mortgage 
and  dismiss  criminal  proceedings  against  her  husband, 
he  added  "  For  this  you  shall  die." 

She  knew  that  through  the  instrumentality  of  these 
two  men,  Bob  Catlett  was  now  keeping  his  word.  She 
also  knew  of  previous  murders  by  the  White-caps,  and 
therefore  fully  realized  her  peril.  There  was  no  way 
of  escape.  She  and  her  husband  were  defenseless.  It 
was  best  to  die  quickly  and  end  the  agony. 

She  got  out  of  bed  and,  taking  her  babe  in  her  arms, 
she  pressed  it  to  her  bosom  and  kissed  it  again  and 


i^O  THE   WHITE-CAPS. 

again.  Then  the  agonized  mother  laid  her  babe  in  bed 
with  her  sister  L,izzie,  and,  breathing  in  the  child's  ear 
a  last  farewell,  covered  both  of  their  heads  with  the 
bed-clothes.  Bravely  she  stepped  to  the  side  of  her 
husband,  who  stood  by  his  bed,  and  turning,  faced  her 
executioners. 

No  woman  ever  acted  more  heroically  than  did  this 
mountain  girl  and  wife  of  twenty- one  summers. 

Can  it  be  possible  that  the  greed  for  money  was  the 
sole  stimulant  which  enabled  these  two  men  to  remain 
during  this  period  silent  observers  of  this  mother's 
agonizing  caresses  of  her  child  without  exhibiting  any 
emotions  of  pity  or  mercy?  Whiskey  was  not  the 
cause  of  so  much  nerve,  for  such  a  scene  would  have 
sobered  drunken  men. 

A  gun  shot  is  fired  which  enters  the  mouth  of 
William  Whaley  and  he  falls  dead  at  the  feet  of  his 
wife,  who,  turning  to  look  at  her  husband,  receives 
a  shot  in  her  temple  which  tore  away  the  top  of 
her  head. 

As  soon  as  Ljzzie  Chandler  felt  sure  that  the 
murderers  had  left  the  house  she  arose  from  the  bed 
and  dressed  herself  quickly.  At  that  moment  John 
Whaley  entered  the  room. 

THE  MURDERERS  TRACKED. 

After  leaving  the  cabin,  the  murderers  pursued  their 
way  through  a  field  leaving  tracks  behind  them.  One 
evidently  wore  a  number  six  shoe  of  superior  make, 
the  other  a  number  nine  of  coarse  material. 

These  tracks  led  to  the  ford  where  Tipton  and 
Wynn  had  met  only  an  hour  before  on  their  way  to 


THE   WHITB-CAPS.  131 

the  Whaley  cabin.  They  recrossed  the  river  at  this 
point  on  their  way  to  constable  Otis  Montgomery's 
house.  They  asked  him  to  go  fishing  with  them,  but 
he  declined.  It  was  then  half  past  eight  o'clock. 
They  then  went  to  the  house  of  Mark  McCowan  and 
requested  him  to  go  with  them.  He  also  declined,  but 
loaned  them  his  boat.  While  at  McCowan's  the  clock 
on  the  court  house  struck  nine. 

Wynn  and  Tipton  insisted  that  they  were  fishing 
on  the  night  of  the  murder  and  were  so  engaged  at 
the  time  it  was  committed. 

But,  in  addition  to  the  foregoing  details,  other 
evidence  was  produced  implicating  Wynn  and  Tipton. 

Not  long  after  the  murder,  Wynn  was  playing  a 
game  of  cards  with  Sam  Jenkins,  a  boon  companion  of 
his,  in  Dr.  Henderson's  barn.  He  asked  Jenkins  if 
his  brother,  Joe  Jenkins,  had  ever  told  him  of  his 
(Wynn's)  presence  at  the  "  blind  tiger  "  on  the  night 
of  the  murder. 

"  Yes,"  replied  Sam,  "  he  told  me  all  about  it." 

"  Well,  for  God's  sake,  don't  say  a  word  about  it," 

said  Wynn.  "By  G d,  I  did  kill  the  Whaleys, 

and  it  took  a  d d  sight  of  nerve  to  do  it,  but  I  got 

one  hundred  dollars  for  the  job." 

Again,  not  long  after  this  admission,  Wynn  went  to 
Knoxville.  While  there  he  remarked,  "  Bob  Wade 
and  Bob  Catlett  are  not  guilty  of  that  murder.  They 
have  got  the  wrong  sow  by  the  ear.  I  blew  in  two 
hundred  dollars  d d  easy  and  fired  two  shots." 

There  is  a  conflict  between  these  two  admissions — 
the  one  he  made  to  Sam  Jenkins  and  the  other  in 
Knoxville — as  to  the  amount  of  money  he  received,  • 


132  THE   WHITE-CAPS.  • 

It  is  evident  that  the  murder  cost  Catlett  two  hundred 
dollars.  Was  it  divided  between  Wynn  and  Tipton,  or 
did  Wynn  receive  the  whole  sum  ? 

It  was  necessary  to  get  rid  of  Lizzie  Chandler.  Pub- 
lic excitement  was  too  high  to  attempt  another  murder ; 
so  her  husband,  John  Chandler,  was  used  to  decoy  her 
out  of  the  State. 

Although  John  had  secured  a  divorce  from  her  on 
false  and  scandalous  charges,  against  which  Lizzie  had 
neglected  to  make  a  defense,  so  earnestly  did  she  desire 
a  separation,  yet,  with  fair  promises  for  the  future,  he 
succeeded  in  winning  her  consent  to  live  with  him 
again. 

Mounted  on  a  horse  behind  her  former  husband, 
they  started,  as  she  thought,  for  a  friend's  house.  But 
John  had  no  such  intention.  He  was  the  paid  agent 
of  Bob  Catlett  to  abduct  her  from  the  State. 

As  Lizzie,  since  the  murder,  had  been  living  with 
the  father  of  Sheriff  Maples,  it  was  not  long  before 
her  absence  was  discovered.  Sheriff  Maples  and  dep- 
uty sheriff  Davis  started  at  once  in  pursuit  and  caught 
them  in  the  Smoky  mountains,  near  the  North  Caro- 
lina line.  They  were  returned  to  Sevierville.  John 
was  jailed  and  Lizzie  was  sent  to  Knoxville  for  safe 
keeping. 


CHAPTER  XXI. 

MOLLY  LILLARD  W HALEY. 


My  name  is  Molly  Lillard  Whaley, 
I'm  left  alone  in  this  wide  world  ; 

Papa  and  mamma  are  dead,  you.  know, 
And  lam  their  only  baby  girl. 


134  TH®   WHITE-CAPS. 

The  story  is  told  in  this  little  book, 
Of  how  and  why  I  was  left  alone, 

How  papa  and  mamma  died  one  night, 
In  our  own  little  cabin  home. 

How  mamma  pled  for  her  own  dear  life, 
And  for  the  life  of  dear  papa,  as  well, 

How  she  pressed  me  to  her  aching  heart, 
As  she  kissed  me  a  last  farewell. 

She  held  me  in  her  arms  for  a  moment, 
And  then  laid  me  in  Aunt  Lizzie's  bed, 

And  the  last  words  she  spoke  on  earth 
Were,  "  Sister,  cover  up  your  head." 

Then  she  turned  and  faced  the  murderers, 
Who  stood  waiting  upon  the  floor  ; 

Two  shots  rang  out  in  quick  succession, 
And  papa  and  mamma  were  then  no  more. 

A  deathly  silence  came  o'er  the  weird  scene, 
Aunt  Lizzie  will  never  forget  the  time, 

I  was  made  fatherless,  motherless  and  homeless, 
By  the  commission  of  that  awful  crime. 

They  tell  me  of  a  fearless  officer, 

Who  ran  those  criminals  down 
They  made  him  sheriff  of  the  county, 

And  his  name  is  now  renowned. 

They  tell  me  of  two  detectives, 

Who  lent  a  helping  hand 
To  uncover  the  crimes  of  criminals, 

And  break  up  the  White-cap  band. 

They  tell  me  of  the  Attorney  General 

Who  made  such  a  gallant  fight 
To  convict  those  hellish  demons, 

Because  it  was  just  and  right. 


THE   WHITE-CAPS. 

They  tell  me  of  an  honorable  Judge, 
Who  now  holds  court  in  Sevier, 

Of  that  roving  band  of  White-caps, 
They  say  he  has  no  fear. 

They  also  tell  me  of  another  Judge, 
Who  sits  upon  a  higher  throne, 

And  if  I  but  do  his  bidding, 
He  will  one  day  call  me  home. 

They  say  he  is  kind  to  little  children, 
And  will  guide  these  tiny  feet, 

And  deal  out  justice  to  the  murderers 
In  the  death  they  are  doomed  to  meet. 


CHAPTER  XXII. 

TRIAL  FOR  THE  MURDER  OF  LAURA  WHALEY. 

At  the  March  term  of  the  Circuit  Court,  1897,  Pleas 
Wynn  and  Catlett  Tipton  were  indicted  for  the  murder 
of  William  and  L,aura  Whaley,  and  Bob  Qatlett  and 
Bob  Wade  were  indicted  as  accessories  before  the  fact. 

At  the  following  term  of  the  court,  November,  1897, 
Pleas  Wynn  and  Catlett  Tipton  were  arraigned  for 
trial.  Judge  T.  A.  R.  Nelson  presided.  Hon.  E.  F. 
Mynatt,  district  attorney,  Hon.  J.  R.  Penland  and  Hon. 
W.  A.  Parton,  of  Sevier  county,  and  ex-Congressman 
John  C.  Houk,  of  Knox  county,  appeared  for  the  State, 
while  the  defense  was  represented  by  Col.  W.  J. 
McSween,  Hon.  George  L,.  Zirkle,  Captain  W.  M.  Mul- 
lendore  and  others. 

A  panel  of  twelve  hundred  men  was  required,  and 
five  days  were  consumed  securing  a  jury.  Four  days 
were  spent  hearing  the  testimony  and  two  listening  to 
the  arguments  of  counsel.  Every  point  was  hotly 
contested  and  nothing  was  left  undone  to  secure  the 
ends  of  justice. 

The  jury  was  "  picturesqe,"  but  the  best  that  could 
be  obtained  in  a  county  where  excitement  ran  high  and 
men,  who  had  not  "  formed  or  expressed  an  opinion,1' 
were  scarce. 

The  facts  proven  were  substantially  the  same  as 
already  detailed  in  this  chapter. 

Lizzie  Chandler,  of  course,  was  a  most  valuable  wit- 
ness for  the  State.  She  was  the  only  living  being, 


LAURA   WHAI.EY. 


138  THE    WHITE-CAPS. 

except  a  six  weeks  old  child,  who  saw  the  murder 
committed. 

The  defense  tried  to  impeach  her  character  by  intro- 
ducing in  evidence  the  charges  made  by  her  husband 
in  his  bill  for  a  divorce,  but  failed.  Her  testimony 
was  clearly  and  deliberately  given,  with  every  appear- 
ance of  truthfulness. 

When  asked  to  point  out  the  man  who  did  the 
shooting,  she  looked  around  the  court  room.  Amidst 
a  breathless  silence,  glancing  from  one  face  to 
another,  her  gaze  finally  rested  upon  that  of 
Pleas  Wynn,  who  sat  near  by  and  in  the  rear  of  his 
senior  counsel.  She  gazed  intently  at  Wynn  for  a 
moment,  then  looked  up  at  the  judge. 

"  Have  you  found  him  ?  "  asked  Judge  Nelson 

"  Yes,"  she  answered. 

"  Where  is  he  ?  "  inquired  the  district  attorney. 

"  There,"  she  said,  pointing  her  finger  at  Wynn's 
shrinking  form ;  "  He  is  the  man  who  had  the  gun  on 
the  night  of  the  murder." 

The  State  failed  to  adduce  any  evidence  showing 
any  complicity  on  Tipton's  part.  But  Tipton,  while 
on  the  witness  stand,  implicated  himself  in  the  minds 
of  many  when  he  admitted  that  he  was  with  Wynn  on 
the  night  ot  the  murder,  from  dark  until  near  mid- 
night. 

It  is  not  our  intention  to  review  the  arguments  of 
counsel,  but  we  may  be  pardoned  for  mentioning  one 
incident  connected  with  District  Attorney  Mynatt's 
eloquent  appeal  to  the  jury,  which  shows  the  confiding 
trust  which  the  people  of  the  mountains  have  in  divine 
mercy  and  justice. 


LIZZIE   CHANDLER, 


140  THE   WHITE-CAPS. 

During  this  trial  District  Attorney  Mynatt  and  his 
brother,  the  assistant  district  attorney,  occupied  a  room 
at  the  Snapp  House  adjoining  one  in  which  Mr.  and 
Mrs.  McMahan,  the  father  and  mother  of  I/aura 
Whaley,  Mollie  lyillard,  her  infant  child  and  her  sister, 
Lizzie  Chandler,  were  quartered.  The  cooing  of  the 
child  and  the  subdued  tones  of  the  father  and  mother, 
rehearsing  the  virtues  of  their  dear  departed  dead, 
inspired  the  efforts  of  the  district  attorney  while  pre- 
paring his  appeal  that  night  to  the  jury  for  a  rigid 
enforcement  of  the  law. 

After  a  while  this  simple,  unpretentious  old  man 
knelt  in  family  prayer. 

As  he  progressed  with  his  supplications  to  Almighty 
God,  he  grew  more  earnest  and  vigorous;  his  voice 
trembled  with  strong  emotions  as  he  told  the  Divine 
Ruler  the  whole  story  of  his  daughter's  life,  her  trials 
and  troubles,  her  persecutions  and  finally  her  cruel 
death.  He  asked  for  the  punishment  of  the  guilty 
parties  and  that  the  blessings  of  God  might  rest  upon 
the  efforts  of  those  who  were  striving  toward  this  end. 

Every  word  of  the  old  man,  mingled  with  the  sobs 
of  the  mother  and  the  sister  and  the  crowing  and 
gurgling  of  the  happy  infant,  was  distinctly  heard.  It 
filled  his  heart  with  sympathy  for  these  poor  people 
and  for  all  those  who  had  suffered  at  the  hands  of  the 
White-caps,  and  inspired  the  greatest  effort  of  his  life. 

His  address  to  the  jury  next  day  bore  the  impress  of 
inspiration. 

The  court  room  was  crowded  to  its  fullest  capacity. 
Many  ladies  occupied  chairs  on  the  judge's  stand. 
Within  the  bar  sat  the  wives  and  children  of  the 


THE  WHITE-CAPS.  141 

prisoners,  Pleas  Wynn  and  Catlett  Tipton.  By  the 
district  attorney  sat  the  father,  mother,  sister  and  child 
of  Laura  Whaley. 

There  were  times  during  the  district  attorney's 
argument  when  he  seemed  unconscious  of  his  surround- 
ings. The  old  man's  prayer  had  imprinted  upon  his 
mind  the  picture  of  his  daughter's  life  in  all  its  details 
from  prattling  childhood  up  to  the  time  of  her  death, 
and  he  reproduced  this  picture  on  the  minds  of  the 
jury  with  an  intensity  and  fervor  that  beggars  all 
description,  and  when  he  had  finished  his  peroration 
there  was  moisture  in  the  eyes  of  everyone  present. 
The  jury  were  in  tears,  and  sobs  were  heard  in  every 
part  of  the  court  room. 

The  district  attorney  closed  his  argument  at  dusk  on 
the  evening  before  Thanksgiving  day.  By  candle- 
light the  judge  read  his  charge  to  the  jury.  During 
the  reading,  a  good  woman  with  a  weary  and  sorrow- 
ful countenance,  who  had  pushed  her  chair  toward  the 
judge,  looked  intently  at  him,  hungering  for  some 
word  of  hope  for  her  criminal  husband,  for  she  was  the 
wife  of  Pleas  Wynn. 

The  jury  retired,  and  on  the  following  day  returned 
a  verdict  finding  Pleas  Wynn  guilty  of  the  murder  of 
Laura  Whaley,  and  acquitted  Catlett  Tipton. 

Both  men  were  yet  to  be  tried  for  the  murder  of 
William  Whaley,  and  by  order  of  the  court  Pleas 
Wynn  was  removed  to  the  county  jail  at  Knoxville  for 
safe  keeping  until  the  next  term,  and  Catlett  Tipton 
was  held  on  a  bond  of  ten  thousand  dollars  for  his 
appearance, 


CHAPTER  XXIII. 

TRIAL  FOR  THE  MURDER  OF  WILLIAM  WHALEY. 

At  the  March  term  of  the  Circuit  Court  of  Sevier 
county,  1898,  Pleas  Wynn  and  Catlett  Tipton  were 
arraigned  for  the  murder  of  William  Whaley  on  the 
night  of  the  28th  of  December,  1896.  Both  men  were 
convicted  of  murder  in  the  first  degree. 

This  trial  consumed  seven  days,  and  twelve  hundred 
men  were  examined  before  a  jury  was  secured. 

New  evidence  was  introduced  weaving  more  closely  a 
net  of  circumstances  around  Pleas  Wynn  and  strongly 
corroborating  Catlett  Tipton's  admission,  during  the 
former  trial,  that  he  "  was  with  Wynn  on  the  night  of 
the  murder  from  dark  until  near  midnight." 

On  the  day  before  the  case  was  submitted  to  the 
jury,  Owen  Dickey  was  placed  on  the  witness  stand  in 
behalf  of  the  prosecution,  who  swore  that  Pleas  Wynn 
showed  him  a  hand  full  of  cartridges,  saying : 

"  When  I  go  a-fishing  I  take  them  along  and  kill 
d n  big  game." 

This  testimony  so  enraged  William  Wynn,  a  brother 
of  Pleas,  who  had  been  drinking  freely  all  day,  that, 
after  the  adjournment  of  court,  he  met  Dickey  in  the 
court  house  and  began  cursing  and  abusing  him, 
calling  him  a  liar  and  attaching  thereto  all  the 
necessary  adjectives.  Sheriff  Maples  ordered  Wynn 
to  leave  the  court  room. 

Shortly  thereafter,  as  the  sheriff  was  going  from  the 
new  to  the  old  court  house,  Wynn  stepped  out  from  a 


THE   WHITE-CAPS.  143 

livery  stable  and  began  hurling  curses  and  opprobrious 
epithets  at  him.  The  sheriff,  being  alone  and  in  the 
midst  of  Wynn's  friends,  knowing  the  dangerous 
character  of  his  assailant  and  believing  a  movement  on 
the  part  of  Wynn  threatened  a  deadly  attack,  drew  his 
revolver.  Five  shots  rang  out  in  the  air  in  rapid  suc- 
cession, and  Wynn  fell  to  the  ground  shot  four  times 
in  the  abdomen. 

A  crowd  of  enraged  White-caps  at  once  surrounded 
the  sheriff,  and  as  the  five  shots  had  exhausted  his 
supply  of  ammunition  he  backed  through  their  line 
and  hastily  retreated.  His  pursuers  gained  on  him 
rapidly  and  seized  him  just  as  he  reached  the  public 
square. 

At  this  critical  moment  deputy  sheriff  Davis  reached 
the  side  of  the  sheriff  and  waived  the  crowd  back  with 
his  revolver,  at  the  same  time  supplying  the 
sheriff  with  a  hand  full  of  cartridges.  In  quick  suc- 
cession followed  detective  McCall  and  George 
Thurmer,  one  of  the  Burnett  robbers  who  had  turned 
state's  evidence  and  rendered  valuable  assistance  to 
the  officers  of  the  law  in  ascertaining  the  secret  plans 
of  the  White-caps,  etc. 

The  sheriff  was  taken  before  Judge  Nelson,  who 
ordered  him  into  the  custody  of  deputy  sheriff  Davis 
with  instructions  to  summon  a  strong  guard  for  his 
protection.  Upon  arriving  at  the  jail,  Hogan  Bailey,  a 
brother-in-law  of  Wynn,  attempted  to  shoot  the  sheriff, 
but  was  disarmed  by  detective  McCall  and  others  and 
placed  in  jail. 

During  the  night,  excitement  was  intense.  The 
White-caps  dispatched  couriers  in  every  direction 
throughout  the  county  summoning  their  adherents. 


144  THE    WHITE-CAPS. 

Sheriff  Maples  telephoned  sheriff  Groner  and  chief 
of  police  Reeder,  of  Knox  county,  and  sheriff  Walker, 
of  Blount  county,  to  come  to  his  assistance  at  once 
with  a  posse  of  well-armed  men.  These  officers 
responded  promptly,  leaving  Knoxville  at  9  p.  m.,  and 
met  the  Blount  county  posse  at  Trundles'  Cross 
Roads,  fourteen  miles  from  Sevierville,  reaching  their 
destination  at  four  o'clock  the  next  morning. 

Early  in  the  morning  crowds  began  to  congregate 
on  the  public  square.  L,aw  abiding  citizens  through- 
out the  county,  hearing  of  the  condition  of  affairs, 
abandoned  their  plows  and  came  into  town  determined 
to  maintain  order  at  all  hazards.  These  extensive 
preparations  for  war  insured  peace. 

It  was  a  sad  coincidence  which  the  people  witnessed 
that  morning.  In  the  court  room  the  senior  counsel 
for  the  defence  was  making  his  appeal  to  the  jury  in 
behalf  of  a  murderer,  the  funeral  of  whose  brother 
was  then  passing  the  court  house  door.  The  church 
bells  tolled  a  sad  accompaniment  to  the  eloquence  of 
the  learned  counsel.  Armed  deputy  sheriffs  for  the 
protection  of  the  court  were  conspicuous  everywhere. 

The  case  was  submitted  to  the  jury  in  the  afternoon 
of  April  8,  who  retired  and  the  following  day  returned 
a  verdict  finding  both  Wynn  and  Tipton  guilty  of 
murder  in  the  first  degree. 

Appealing  to  the  supreme  court,  they  were  removed 
to  the  Knox  county  jail  for  safe  keeping. 

The  supreme  court,  on  the  last  day  of  the  following 
term,  affirmed  the  judgment  of  the  court  below  and 
sentenced  them  to  be  hung  on  the  4th  of  January, 
1899. 


CHAPTER  XXIV. 

PLEAS  WYNN. 


Pleas  Wynn  is  the  son  of  Captain  E.  M.  Wynn,  and 
was  born  at  Pigeon  Forge,  seven  miles  south  of  Sevier- 
ville.  His  parents  moved  to  Sevierville  when  Pleas 
was  a  small  boy.  He  was  principally  raised  in  Sevier- 
ville and  was  known  about  town  as  a  shrewd  and  cun- 
ning chap. 

His  parents  sent  him  to  school,  but  Pleas  was  not 
very  fond  of  books,  and  took  more  delight  in  outdoor 
sports.  He  was  a  strong  and  active  boy  and  could 
endure  more  hardships  than  any  boy  in  town. 


146  THE  WHITE-CAPS. 

He  could  play  any  kind  of  a  game ;  lie  was  good  at 
marbles,  an  expert  ball  player,  and  later  on  became  the 
champion  of  the  town  at  playing  cards.  He  held  this 
title  for  many  years  and  was  only  turned  down  by 
George  Thurmer,  and  as  before  stated  he  was  hard  to 
turn  down  at  playing  baseball.  He  was  a  member  of 
the  best  club  in  the  county,  the  old  "  Kureka,"  a  team 
that  was  seldom  defeated,  playing  in  a  great  many  of  the 
small  towns  in  East  Tennessee,  Newport,  Dandridge 
Mossey  Creek  and  Morristown  being  among  the  num- 
ber. He  was  short  in  stature  and  as  swift  as  an 
arrow,  and  once  on  the  ring  he  seldom  failed  to  reach 
the  home  plate.  He  was  familiarly  known  as  "  Shorty," 
and  bears  that  name  to  this  day. 

He  was  not  regarded  as  a  real  bad  boy,  in  his  early 
days,  yet  he  had  many  ups  and  downs  with  the  boys 
in  town,  and  was  not  afraid  to  fight.  It  was  very 
seldom  that  he  failed  to  come  out  first  best  with  any 
boy  in  the,  ring. 

He  was  very  fond  of  hunting  and  fishing  and  was 
an  expert  at  both.  There  was  scarcely  a  trail  or 
by-path  anywhere  among  the  rugged  hills  surrounding 
Sevierville  with  which  he  was  not  perfectly  familiar. 

But  by  and  by  Pleas  grew  to  manhood.  And  yet  he 
had  no  occupation,  except  that  of  jailer  during  the  last 
two  years  his  father  was  sheriff  of  Sevier  county, 
from  1888  to  1890. 

Only  a  short  time  previous  to  this  Pleas  had  married 
a  most  excellent  young  lady,  Miss  Mary  Thomas, 
daughter  of  W.  H.  Thomas,  and  it  was  hoped  that 
Pleas  would  lead  a  more  useful  life,  and,  for  a  time,  it 
seemed  as  though  he  would.  But  his  associates  were 


THE   WHITE-CAPS.  147 

bad,  and  step  by  step  he  went  from  bad  to  worse,  and 
soon  learned  the  habit  of  drink,  and  then  that  of 
gambling,  and,  coupled  with  that  of  idleness,  they  soon 
told  their  tale.  His  best  friends  concede  that  his  down- 
fall was  due  more  to  idleness  than  anything  else. 


CHAPTER  XXV. 

J.   CATLETT  TIPTON. 


James  Catlett  Tipton  was  born  in  Sevierville,  Sevier 
county.  He  was  named  for  Mr.  James  Catlett,  an  old 
and  respected  citizen  of  the  county  and  father  of  Bob 
Catlett,  one  of  the  alleged  accomplices  of  Tipton  in  the 
Whaley  murder.  He  is  the  only  son  of  B.  J.  and 
Abigail  Tipton.  His  mother  still  survives,  but  his 
father  died  many  years  ago  when  his  son  was  but  a 


THE   WHITE-CAPS.  149 

small  boy.  By  the  death  of  her  husband,  Mrs.  Tipton 
was  left  to  battle  with  the  world  with  three  small 
children  to  support,  towit :  James  Catlett  and  two 
daughters,  one  of  the  latter  now  being  the  wife  of 
B.  B.  Bailey,  and  the  other  the  wife  of  Mr.  Mack 
Blair,  both  of  Sevier  county  and  highly  respected 
citizens. 

J.  C.,  or  Catlett  Tipton,  as  he  was  familiarly  known, 
was  a  bright  and  handsome  boy  of  good  address,  and 
was  generally  well  liked  by  his  associates  in  and 
around  Sevierville  where  he  spent  his  boyhood  days. 

His  education  was  limited  to  that  of  the  common 
schools  of  the  county,  but  in  these  he  acquired  a  fair 
business  education  sufficient  to  enable  him  to  transact 
ordinary  business.  He  is  said  to  have  been  apt  in  his 
studies  and  would  have  made  a  good  scholar  had  he 
continued  in  school  and  applied  himself  diligently. 
But,  being  fond  of  outdoor  sports  of  all  kinds,  this  in  a 
measure  distracted  his  mind  from  his  school  work.  In 
the  running  and  jumping  matches,  baseball  and  other 
games  usually  engaged  in  by  the  school  boys,  young 
Tfpton  was  a  favorite  and  always  among  the  first  to  be 
chosen.  He  became  an  expert  baseball  player  and 
won  distinction  in  this  art  among  the  local  teams.  He 
was  a  member  of  the  "  Eureka  "  team  for  a  number  of 
years,  composed  of  Sevier  county  boys,  of  which 
sheriff  Tom  Davis  was  captain.  Pleci  Wynn  was  also 
a  member  of  this  team  and  a  very  fine  player,  being 
the  fleetest  on  foot  of  any  one  in  the  team. 

Tipton  was  not  only  an  expert  in  such  games  and 
pastimes  as  above  referred  to,  but  he  was  very  fond  of 
hunting  and  fishing,  and  was  equally  as  successful  in 
this  field  of  sport. 


150  THE  WHITE-CAPS. 

He  was  a  crack  shot  with  a  gun  or  pistol,  and  could 
bring  in  as  much  game  as  any  one  who  went  after  it. 
Having  been  raised  on  the  very  banks,  as  it  were,  of 
the  two  Pigeon  rivers,  when  it  was  not  unlawful  to  fish 
with  the  gig,  or  seine,  or  by  shooting  them,  and 
delighting  in  the  sport,  he  became  a  skillful  fisherman 
and  spent  much  time  with  the  finy  tribe. 

So  strong  was  his  inclination  for  this  kind  of  sport, 
he  still  followed  it,  according  to  his  own  confessions, 
in  violation  of  the  law  after  it  had  been  made  a  highly 
penal  offence  to  take  fish  from  the  sti  earns  in  any  man- 
ner except  by  hook  and  line.  Even  on  the  night  of 
the  Whaley  murder,  it  is  claimed  that  he  and  Wynn 
were  fishing,  both  above  and  below  Sevierville,  with 
dynamite,  and  succeeded  in  capturing  a  fine  lot  of  fish. 
This  fishing  tour,  which  the  parties  related  in  the 
testimony  upon  the  witness  stand,  enters  largely  into 
the  history  of  this  famous  trial. 

Tipton  was  also  a  good  mechanic,  being  both  a 
carpenter  and  a  blacksmith.  For  the  past  fifteen  years 
he  spent  the  greater  portion  of  his  time  at  the  carpen- 
ter's trade.  While  not  a  fine  workman,  yet  he  was  an 
average  country  carpenter  and  found  ready  employ- 
ment on  many  of  the  best  jobs  in  the  county. 

His  brother-in-law,  B.  B.  Bailey,  with  whom  he  lived 
for  some  time,  is  one  of  the  best  blacksmiths  and 
wagon  makers  in  the  country,  and  Tipton  spent 
enough  time  with  him  in  his  shop  to  become  a  fair 
mechanic  in  this  line.  And  at  the  time  of  the 
Whaley  murder,  and  for  some  months  previous,  he 
was  working  with  Bailey  in  Sevierville,  while  his 
family  lived  two  or  three  miles  in  the  country. 


THE    WHITE-CAPS.  151 

In  the  spring  and  summer  of  1884,  Tipton  was 
engaged  to  assist  in  the  construction  of  a  hotel  at 
"Seaton's  Summer  City,"  Seaton's  Springs,  about 
eight  miles  above  Sevierville.  While  thus  engaged,  he 
formed  the  acquaintance  of  the  girl  who  afterwards 
became  his  wife.  She  was  the  daughter  of  Mr.  James 
Seaton,  the  owner  of  Seaton's  Springs  and  proprietor 
of  the  hotel  Tipton  was  helping  to  erect.  Their  court- 
ship was  short,  but  romantic,  and  on  the  2ist  of  June, 
1884,  James  Catlett  Tipton  and  Mary  R.  Seaton  were 
united  in  the  holy  bonds  of  matrimony  by  J.  H. 
Atchley,  Esq.,  a  Justice  of  the  Peace  of  Sevier  county. 
This  marriage  was  stoutly  opposed  by  the  parents  of 
Miss  Seaton,  but  love  which  had  sprung  up  between 
these  two  young  people  was  not  to  be  thwarted  by 
parents  or  any  one  else,  and  over  the  protests  of  father 
and  mother  the  young  lady  left  home  and  was  married 
as  above  stated — a  marriage  which  is  commonly 
termed  a  "runaway  match."  Miss  Seaton  was  what 
might  be  called  a  pretty  country  girl  of  splendid 
character  and  was  very  populai  among  her  associates. 

A  reconciliation  was  soon  affected  between  the 
young  wife  and  her  parents  and  she  and  her  husband 
returned  to  the  parental  home,  where  they  were 
received  and  treated  in  the  most  hospitable  manner. 

Mrs.  Tipton  was  a  devoted  Christian,  having  been 
raised  by  the  most  devout  Christian  parents,  and  made 
her  husband  a  loving,  helpful  wife.  As  a  result  of 
their  marriage  Mr.  and  Mrs.  Tipton  have  five  bright- 
eyed  and  healthful  boys,  who  live  with  their  mother 
near  Sevierville. 

While  Catlett  Tipton  was  a  boy  and  a  young  man  of 
good  appearance  and  polite  address,  as  well  as  above 


152  THE   WHITE-CAPS. 

the  average  in  intelligence,  yet  he  was  always  inclined 
to  be  a  little  wild  and  run  with  wild  boys.  He  liked 
the  new  and  the  adventurous,  and  this,  combined  with 
wicked  associates,  proved  his  ruin.  When  the  nefarious 
practice  of  white-capping  broke  out  in  Sevier  county, 
Tipton  early  espoused  the  cause  of  the  new  order,  and 
by  reason  of  his  intelligence  and  his  superior  executive 
ability,  he  at  once  became  a  leader  and  directed  much 
of  the  effective  work  of  the  organization. 

After  Sevierville  and  immediate  vicinity  became  the 
field  and  center  of  active  operations  of  the  White-caps, 
Tipton  became  the  captain  of  the  band,  and  thus,  as  it 
is  understood,  was  the  chief  officer.  Now  that  the 
organization  has  gone  to  pieces,  and  its  leaders  scat- 
tered— many  of  them  having  left  the  country,  while 
others  are  in  the  clutches  of  the  law,  people  generally 
feel  that  they  can  speak  out  freely  and  express  their 
sentiments  with  impunity ;  hence  it  is  not  so  difficult 
to  obtain  information  regarding  White-caps  as  it  form- 
erly was.  For  this  reason  nearly  every  man  who 
belonged  to  the  White-cap  organization  in  Sevier 
county  is  now  known.  Many  people  talk  it  out  freely. 
Even  some  of  the  persons  who  joined  the  order  but 
who  joined  no  raids  and  are  guilty  of  no  outrages, 
now  acknowledge  it.  Hence  our  information  that 
Catlett  Tipton  was  a  member  and  a  leader  of  the  White- 
caps  in  Sevier  count}'  is  absolutely  reliable. 

He  perhaps  swore  more  men  into  the  order  than  any 
other  one  man.  While  at  this  date  he  has  made  no 
published  confession  of  his  connection  with  white- 
capping,  yet  he  has  told  to  a  number  of  reliable  per- 
sons much  of  his  white-cap  history.  He  has  told  of  a 
number  of  raids  that  he  was  on,  and  who  was  whipped 


THE  WHITE  CAPS.  153 

and  who  did  the  whipping.  He  has  told  of  quite  a 
number  of  prominent  citizens  who  belonged  to  the 
order  and  who  were  sworn  in  by  himself  as  the  author- 
ized official  of  the  band. 

Many  of  these  citizens  were  for  a  long  time  accused 
of  belonging  to  the  White-caps,  but  as  often  denied  by 
their  friends,  and,  until  of  late,  the  truth  was  never 
known.  But  since  Tipton  has  made  voluntary  state- 
ments about  these  matters  and  given  details  of  times 
and  places  and  circumstances,  all  of  which  comport 
with  reason  and  former  suspicions,  there  can  be  but 
little  doubt  that  he  has  told  the  truth  about  these 
matters. 

The  names  of  these  parties  could  be  given,  but  on 
account  of  their  prominence  and  the  request  of  Tipton 
that  their  names  should  not  be  divulged,  it  is  deemed 
proper  not  to  bring  them  before  the  public. 

As  before  stated,  Tipton  named  specifically  several 
raids  that  he  had  made,  as  a  White-cap,  the  names  of 
those  with  him,  as  well  as  the  names  of  the  individuals 
who  were  whipped.  Some  of  these  were  in  the  town 
of  Sevierville  and  some  in  the  immediate  vicinity 
around  it,  while  others  were  in  more  remote  parts  of 
the  county. 

Tipton  and  Pleas  Wynn  have  been  indicted  and  con- 
victed of  the  murder  of  the  Whaleys  and  sentenced  to 
hang,  on  the  4th  day  of  January,  1899,  at  Sevierville. 
Like  many  other  caso  of  this  kind,  it  is  not  absolutely 
known  that  they  are  the  parties  who  committed  this 
crime,  but  it  is  safe  to  say  that  a  large  majority  of  the 
people,  who  know  the  facts  and  heard  the  testimony, 
believe  that  they  are  guilty. 


154  THE   WHITE-CAPS. 

There  is  no  doubt  that  Tipton's  association  with  the 
White-cap  organization  and  the  bad  men  who  belonged 
to  it,  brought  him  to  the  sad  and  almost  hopeless  con- 
dition in  which  he  now  finds  himself. 

The  worst  men  of  the  country  joined  his  band,  with 
whom  he  held  midnight  caucuses  and  planned  raids 
against  supposed  violators  of  their  moral  creed.  Among 
these  were  Pleas  Wynn  and  Bob  Catlett.  It  is  gener- 
ally known  that  Bob  Catlett  joined  the  White-caps 
about  two  years  prior  to  the  Whaley  murder ;  and  while 
Tipton  had  known  something  of  Catlett  all  his  life, 
yet  their  association  was  never  very  intimate,  until  the 
latter  joined  Tipton's  band  of  outlaws.  Because  of 
Bob  Catlett's  standing  financially —being  a  man  of 
large  estate  in  that  county — the  captain  of  the  White- 
caps  undoubtedly  felt  that  he  was  a  great  acquisition 
to  the  organization. 

If  Tipton  and  Wynn  are  hung,  it  will  be  on  the 
theory  that  they  were  hired  by  Bob  Catlett  to  go  to 
the  Whaley  house  and  kill  both  William  Whaley  and 
his  wife  on  the  night  of  the  28th  of  December,  1896. 

Bob  Catlett  himself,  after  several  intimate  conversa- 
tions with  Pleas  Wynn  on  the  morning  of  that  day, 
left  with  four  horses  for  Asheville,  N.  C.,  or  other 
points  south. 

Wynn  and  Tipton  admit  that  they  left  home  that 
night  about  dark,  and  were  out  till  about  two  o'clock 
by  themselves,  at  which  hour  they  returned  home  and 
retired.  But  they  insist  that  they  were  fishing  up  and 
down  the  river  from  Sevierville,  and  therefore  did  not 
go  to  Whaley's  nor  commit  the  murder.  Whether 
guilty  or  not,  a  chain  of  circumstances  has  been  so 


THE   WHITE-CAPS.  155 

closely  woven  about  them  that  two  juries  and  the  cir- 
cuit judge  who  tried  them,  and  the  Supreme  Court, 
which  affirmed  the  verdicts  of  two  juries,  have  all  been 
satisfied  of  their  guilt  beyond  a  reasonable  doubt  and 
sentenced  them  to  die,  and  this  is  the  end  of  the  law. 

It  was  his  association  and  talk  with  Bob  Catlett 
immediately  before  the  Whaleys  were  killed,  coupled 
with  the  fact  that  bad  feeling  existed  between  Catlett 
and  the  Whaleys,  and  the  further  fact  that  the  latter 
had,  only  a  few  weeks  before  they  were  killed,  gone 
before  the  grand  jury  at  Sevierville  and  given  informa- 
tion on  which  an  indictment  was  found  against  Bob 
Catlett  and  Bob  Wade  for  alleged  white  capping,  or 
charges  of  that  nature,  that  caused  the  arrest  and  pros- 
ecution of  Wynn  and  Tipton. 

Everybody  greatly  sympathizes  with  Tipton's  wife 
and  little  children,  who,  being  left  in  straitened  circum- 
stances, will  have  a  struggle  not  only  against  poverty 
through  life,  but  against  the  humiliation  and  disgrace 
that  always  follow  the  conviction  for  such  a  crime  and 
an  execution  upon  the  gallows. 

But  be  it  said  that  no  blame  is  laid  at  the  door  of 
the  good  wife.  She,  perhaps,  has  given  him  better 
counsel  and  certainly  has  not  encouraged  him  in  a 
course  of  wrong  doing.  She  still  clings  to  him  with 
the  love  that  inspired  her  to  forsake  parents  and  home, 
with  all  its  endearments,  and  cast  her  all  upon  his 
manly  arm  in  his  young  manhood.  She  is  none  the 
less  respected  by  good  people  because  she  does  thus 
show  her  devotion  to  her  husband  in  his  last  extremity. 
This  shows  the  true  woman  and  loving  wife,  whether 
he  is  innocent  or  guilty  of  the  great  crime  for  which 
he  has  been  sentenced  to  die. 


156  THE   WHITE-CAPS. 

His  old  and  respected  mother,  who  still  survives,  and 
who  has  given  her  son  better  advice,  as  well  as  his  two 
sisters,  come  in  for  a  full  share  of  sympathy  from  all 
good  people. 

Let  us  hope  that  the  little  children  whom  Catlett 
Tipton  leaves  behind  him  to  bear  his  name,  will  not 
follow  in  the  foot-prints  of  their  father,  which,  sooner 
or  later,  will  inevitably  lead  to  irretrievable  ruin. 


CHAPTER  XXVI. 

W.  R.  CATI.ETT. 

William  Robert  Catlett,  the  subject  of  this  sketch, 
was  born  on  a  farm  near  Sevierville,  and  is  now  about 
45  years  of  age. 

He  is  commonly  known  as  Bob  Catlett,  and  is  the 
oldest  son  of  James  P.  Catlett,  who  died  at  his  home 
near  Sevierville  about  six  years  ago.  His  mother  died 
many  years  ago,  when  Bob  was  a  small  boy,  leaving 
him  and  one  brother,  James  M.  Catlett,  to  survive  her. 
His  mother  was  a  McMahan,  coming  as  she  did  from 
one  of  the  oldest  and  most  respectable  families  in 
Sevier  county.  The  McMahans  were  pioneers  in  that 
section,  and  now  a  very  numerous  branch  of  the  pop- 
ulation of  that  county.  After  the  death  of  his  first 
wife  James  P.  Catlett  married  Nancy  E.  Mullendore, 
a  sister  of  Captain  W.  W.  Mullendore,  a  distinguished 
member  of  the  bar  at  Sevierville.  She  still  survives, 
and  lives  on  the  old  Catlett  homestead,  near  Sevierville, 
with  her  two  daughters,  her  only  living  children. 
Both  the  mother  and  step-mother  of  Bob  Catlett  were 
noted  for  intelligence,  piety  and  Christian  character. 
This  is  as  much  as  to  say  that  Bob's  early  home  train- 
ing was  not  neglected.  His  education  is  limited.  He 
only  attended  the  common  schools  of  the  county.  His 
father  was  in  good  circumstances  financially,  and 
could  have  given  his  son  a  complete  education,  but  the 
latter  was  not  very  much  inclined  to  books,  and  the 
father  did  not  press  the  matter  beyond  an  ordinary 
business  course. 


158  THE   WHITE-CAPS. 

Bob  was  fond  of  stock  from  his  early  childhood. 
He  thought  much  more  of  a  good  horse  than  a  book. 
The  father,  seeing  the  bent  of  his  boy's  mind,  at  an 
early  age  gave  him  superior  advantages  in  that  direc- 
tion. He  gave  Bob  money  and  allowed  him  to  buy 
and  sell  and  swap  as  he  chose,  and  in  this  way  he  soon 
became  a  first-class  stock  trader  as  well  as  a  farmer. 

Few  men  are  better  judges  of  a  good  horse  than 
Bob  Catlett,  and  perhaps  none  of  his  age  have  had  as 
many  law  suits  over  their  buying  and  selling  and 
swapping  as  he.  It  seemed  that  when  he  sold  or 
swapped  off  a  horse,  that  something  always  got  the 
matter  with  it  the  next  day  or  in  a  short  time.  Then 
the  fellow  came  back  on  him,  and  a  law  suit  followed. 
He  always  considered  himself  unlucky  in  this  partic- 
ular. He  has  been  a  successful  farmer  as  well  as 
trader,  and  is  the  owner  of  one  of  the  best  farms  in 
Sevier  county,  containing  something  like  six  hundred 
acres.  His  farm  is  well  stocked  and  everything  around 
his  home  has  the  appearance  of  prosperity. 

But  from  his  boyhood  Bob  was  inclined  to  be  wild 
and  sometimes  reckless.  He  took  delight  in  perpe- 
trating a  joke  or  playing  a  trick  on  his  associates,  and 
this  often  went  beyond  the  limit  of  innocent  fun.  In 
this  way  he  got  the  name  among  many  people  of  being 
mean. 

Unfortunately  he  acquired  the  habit  of  strong  drink 
in  his  boyhood.  At  times  he  drank  to  excess,  and 
when  intoxicated  he  was  disagreeable,  overbearing  and 
even  reckless.  In  recent  years  he  has  not  drank  so 
much  as  formerly,  and  especially  for  the  last  two  or 
three  years. 


THE   WHITE-CAPS.  159 

On  the  22d  day  of  March,  1876,  he  was  married  to 
Miss  Mary  A.  Wade,  the  daughter  of  Hon.  J.  J.  Wade, 
a  substantial  farmer  and  one  of  the  best  men  of  Sevier 
county.  Miss  Wade  was  in  every  way  worthy  of  the 
man  she  married,  and  has  made  him  a  devoted  wife. 
They  have  a  large  family  of  children,  consisting  of 
two  boys  and  nine  girls. 

His  oldest  daughter  is  intelligent  and  refined  and 
has  a  good  education.  She  is  one  of  the  foremost 
teachers  in  the  county,  having  taught  one  year  in 
Murphy  College. 

This  family  is  a  very  interesting  one,  and  there  is 
only  one  thing,  apparently,  that  prevents  them  from 
being  a  happy  family — and  that  is  the  cloud  that 
hangs  over  them  on  account  of  the  husband  and  father 
being  implicated  in  the  murder  of  the  Whaleys.  Of 
course  they  are  in  no  sense  responsible,  even  if  it 
should  turn  out  that  he  is  guilty,  but  they  are  innocent 
sufferers,  all  the  same. 

Catlett  has,  no  doubt,  made  many  mistakes  in  his 
life:  but  the  biggest  one  was  when  he  joined  the 
notorious  White-cap  gang,  an  institution  that  has 
brought  sorrow  and  ruin  to  many  a  happy  home  in 
Sevier  county. 

He  did  not  become  an  early  disciple  of  the  new 
order,  but  he  was  actively  connected  with  it  for  only 
about  two  years  prior  to  the  Whaley  murder.  During 
this  time  Sevierville  and  vicinity  were  the  places  of 
active  operations,  and  especially  were  all  their  meetings 
held  there  by  those  high  in  authority  in  the  organiza- 
tion. These  meetings  were  sometimes  held  in  rooms 
and  houses  in  Sevierville,  and  sometimes  at  the  houses 


l6O  THE   WHITE-CAPS. 

of  White-caps  who  lived  near.  Many  of  them  were 
held  at  Tipton's  own  house,  about  three  miles  from 
the  town. 

After  his  connection  with  the  order  Bob  Catlett  was 
much  seen  about  Sevierville,  both  day  and  night  time, 
although  he  lived  about  seven  miles  from  the  town. 
It  is  not  guess  work  that  he  was  a  White-cap,  but  this 
is  known  beyond  the  peradventure  of  a  doubt. 

Catlett  Tipton  himself,  the  chief  of  the  White-caps, 
has  said  so,  time  and  again,  and  has  even  implicated 
him  in  the  Whaley  murder  by  offering  him  (Tipton)  a 
hundred  dollars  to  put  Whaley  and  his  wife  out  of  the 
way.  While  this  comes  from  the  chief  of  the  White- 
caps,  and  from  a  man  condemned  to  die  for  this  awful 
crime,  yet  it  is  reasonable  and  comports  with  all  the 
other  facts  and  circumstances  going  to  show  Bob  Cat- 
lett's  guilt.  It  was  on  this  theory  that  the  State  rested 
its  prosecution  against  Wynn  and  Tipton,  and  two 
courts  and  two  juries  have  said  that  they  believed  it 
was  correct  beyond  a  reasonable  doubt. 

During  the  summer  and  fall  prior  to  the  killing  of 
the  Whaleys,  the  latter  then  living  on  Catlett's  land, 
had  some  trouble  with  him  over  some  rent  corn  and 
over  some  talk  that  Catlett  had  heard  Whaley's  wife 
had  about  him  (Catlett)  being  a  White-cap,  &c. 
The  Whaley  family  left  the  Catlett  farm  and  moved  to 
Captain  Wynn's  farm,  some  two  miles  below  Sevier- 
ville. About  this  time  Whaley  and  wife  were  taken 
before  the  grand  jury  and  on  their  testimony  an  indict- 
ment was  found  against  Bob  Catlett  and  Bob  Wade, 
charging  them  with  rocking  and  shooting  into  Walter 
Maples'  house.  This  incensed  Catlett  all  the  more, 


THE   WHITB-CAP3.  l6l 

and  furnished  the  alleged  motive  for  inciting  and  pro- 
curing the  killing  of  both  Whaley  and  wife. 

Catlett  has  never  had  his  trial,  but  recently  secured 
a  change  of  venue  from  Sevier  to  Hamblen  county, 
where  he  will  be  tried  for  his  alleged  complicity  in  this 
crime.  He  is  now  in  jail  at  Morristown,  having  been, 
at  the  last  term  of  the  Circuit  Court  at  Sevierville, 
denied  bail  by  Judge  Nelson  by  reason  of  the  fact  that 
the  cases  against  Wynn  and  Tipton  had  been  recently 
affirmed  by  the  Supreme  Court,  and  other  evidence 
accumulating  against  him  that  pointed  unerringly  to 
his  guilt 

There  is  no  concealing  the  fact  that  public  sentiment 
in  Sevier  county  is  overwhelmingly  against  Catlett, 
and  whether  or  not  he  is  ever  convicted  of  this  charge, 
the  almost  unanimous  sentiment  of  the  people  of  that 
county  will  still  be  that  he  and  he  alone  inspired  the 
bloody  deed. 

This  is  the  first  crime  of  any  magnitude  that  Catlett 
has  ever  been  indicted  for,  so  far  as  we  know,  but  he 
has  been  much  censured  by  the  public  because  of  his 
contributory,  if  not  criminal,  negligence  leading  up  to 
the  death  of  two  or  three  worthy  jouog  men  in  Sevier 
county. 

About  ten  years  ago  a  young  man  named  Maples, 
who  lived  on  Catlett's  farm,  became  intoxicated  and 
provoked  a  quarrel  with  James  Cletnison,  another  ten- 
ant of  Catlett's.  This  was  on  Sunday,  and  Catlett 
being  with  them,  it  is  said  that  he  rather  encouraged  a 
fight  than  interceded  for  peace.  Night  came  on 
without  any  personal  altercation  between  the  parties, 
but  some  time  after  dark  Maples  and  Catlett  went  to 


162  THE    WHITE-CAPS. 

the  house  of  Clemison  and  Maples  demanded  entrance 
while  Catlett  stood  by  encouraging  him.  On  being 
refused  entrance,  Maples  broke  the  door  down  and 
started  to  enter  the  house,  whereupon  Clemison  picked 
up  an  axe  with  which  he  had  provided  himself  and 
struck  Maples  a  terrific  blow,  literally  splitting  his 
head,  turning  his  brains  out  on  the  floor  and  killing 
him  instantly. 

This  occurred  on  Catlett's  farm,  near  his  dwelling 
house  and  in  his  very  presence  where  he  could  and 
should  have  prevented  it.  Clemison  was  not  prose- 
cuted, being  held  justifiable  in  defending  his  home 
against  an  intruder  under  such  circumstances. 

Maples  was  a  quiet  young  man,  when  sober,  and 
would  never  have  committed  the  rash  act  that  brought 
about  his  untimely  end  had  it  not  been  for  the  fact 
that  he  was  drinking  and  urged  by  one  who,  if  not 
altogether  responsible  for  the  murder,  was  nevertheless 
much  to  be  censured  for  standing  by  and  seeing  it 
done  when  he  could  easily  have  prevented  it. 

At  another  time,  Catlett  had  been  to  a  protracted 
meeting  back  in  the  knob  country  a  few  miles  from 
his  home,  and  was  returning  in  company  with  a  young 
man  named  Ballard.  When  only  a  short  distance 
from  the  church,  Catlett  proposed  a  horse  race  with 
Ballard,  which  challenge  was  accepted  and  the  race 
entered  into,  but  they  had  not  proceeded  far  when 
Ballard' s  horse  fell  with  and  broke  his  (Ballard's) 
neck,  killing  him  instantly. 

Ballard  was  a  mere  boy  while  Catlett  was  a  man 
of  mature  years,  and  should  have  prevented  rather 
than  contributed  to  the  death  of  the  unfortunate 
young  man. 


THE   WHITE-CAPS.  163 

These  are  two  deaths  that  the  people  have  always 
blamed  Catlett  with,  although  he  did  not  directly 
commit  them. 

While  drunk  on  one  occasion,  several  years  ago, 
Catlett  provoked  a  quarrel  with  John  Burns,  a  harm- 
less and  inoffensive  citizen,  then  drew  his  pistol  and 
shot  Burns  in  the  shoulder,  inflicting  a  very  serious 
but  not. fatal  wound. 

In  this  case  Catlett's  father  and  other  friends  inter- 
posed, and  for  a  money  consideration  (Burns  being  a 
very  poor  man),  adjusted  the  matter  and  Catlett  was 
not  prosecuted. 

These  are  a  few  of  the  ear  marks  in  Catlett's  history 
which  clearly  indicate  his  character. 

Few  men  in  Sevier  county  have  had  superior  oppor- 
tunities than  Bob  Catlett  to  make  money  and  become 
prosperous  and  useful  citizens.  As  before  stated,  his 
father  gave  him  good  opportunities,  and  his  uncle, 
William  Catlett,  who  died  a  few  years  ago/ leaving  an 
estate  worth  about  $75,000,  gave  Bob  considerable 
sums  of  money  during  his  life,  and  in  his  will  left  him 
a  good  portion  of  the  estate. 

Bob's  full  name  is  William  Robert,  having  been 
named  for  his  uncle,  who  always  though  a  great  deal 
of  his  nephew  and  gave  him  much  good  counsel,  but 
which,  to  a  large  extent,  was  unheeded. 

For  a  man  who  has  been  well  raised,  always  in  good 
circumstances  and  surrounded  by  good  people,  to  be 
languishing  in  jail  for  a  crime  the  parallel  of  which 
has  never  been  known  in  Sevier  county,  is  so  unusual 
that  it  almost  challenges  belief.  Yet,  it  is  too  true, 
and  what  the  ultimate  outcome  will  be  is  awaited  with 
more  than  ordinary  interest, 


164  THE   WHITE-CAPS. 

"Will  Catlett's  money  save  him?"  is  a  question 
often  asked,  prompted  no  doubt  by  the  prevalent 
opinion  that  money  plays  an  important  part  in  the 
trials  of  men  charged  with  crime. 

However  true  this  may  be,  it  is  to  be  hoped  that 
justice  will  in  the  end  prevail,  and  that  money,  potent 
as  it  is,  will  not  be  permitted  to  stand  in  the  way  of  the 
conviction  and  punishment  of  the  parties  who  so 
brutally  murdered  poor  William  and  I^aura  Whaley  on 
that  fatal  night  in  December,  1896.  If  Bob  Catlett 
either  committed  or  inspired  others  to  commit  this 
crime,  he  should  be  hung,  though  he  were  worth  a 
million.  But  if  he  is  innocent,  then  not  a  hair  of  his 
head  should  be  touched.  He  should  in  this  event  be 
returned  to  the  bosom  of  his  family  to  comfort  them 
and  live  the  quiet,  peaceful  citizen  that  the  law 
requires  of  every  man. 


CHAPTER  XXVII. 

M.    F.    MAPLES. 

Millard  Filmore  Maples  was  born  in  Sevier  county 
about  six  miles  east  of  Sevierville  in  the  month  of 
August,  1856.  He  is  forty-two  years  old  and  in  the 
prime  of  life  and  vigor  of  manhood-  He  is  a  son  of  G. 
R.  Maples,  Sr.,  a  farmer  and  an  old  ex-federal  soldier. 

He  was  born  and  raised  on  the  farm  and  trained  by 
his  father  to  that  occupation,  but  farming  did  not  suit 
his  taste  very  much,  and  after  he  had  grown  up  and 
married,  he  soon  drifted  from  the  farm  into  other 
business  channels. 

Mr.  Maples  has  only  a  common  school  education, 
but  being  bright  and  intelligent  he  thoroughly  mas- 
tered the  common  school  course  and  acquired  what 
might  be  called  a  good  business  education. 

In  the  summer  of  1894  he  made  his  first  race  for 
sheriff  of  Sevier  county.  Maples  being  naturally  of  a 
social  disposition  and  a  good  mixer,  his  work  for  the 
previous  fifteen  years  had  afforded  him  an  excellent 
opportunity  to  become  well  acquainted  with  the  people 
In  all  parts  of  the  county. 

His  opponents  in  this  race  were  G.  L.  Delozier,  who 
was  then  sheriff,  and  Captain  E.  M.  Wynn,  who  was 
an  ex-sheriff,  having  served  two  terms  in  that  capacity. 
Both  of  these  men  were  of  splendid  character  and  very 
popular  with  the  people,  besides  being  thoroughly 
acquainted  throughout  the  county.  Three  stronger 
men  are  seldom  pitted  against  each  other, 


1 66  THE   WHITE-CAPS. 

This  race  occurred  at  a  time  when  the  White-caps 
were  holding  high  carnival  in  Sevier  county  and  made 
themselves  felt  in  elections.  Maples  took  a  bold  stand 
against  this  organization  and  its  practices  and  asked  of 
them  no  assistance.  This,  of  course,  drove  the  White- 
caps  from  him,  but  brought  to  his  support  most  of  the 
anti- White-cap  leaders.  It  was  also  understood  that 
Maples  would  appoint  one  democrat  as  a  deputy,  and 
this  brought  to  him  the  full  democratic  vote. 

While  Captain  Wynn  was  not  believed  to  be  a 
White-cap,  but  on  the  contrary  a  quiet  and  law  abiding 
citizen,  yet  for  some  reason  the  White-cap  element 
as  a  rule  was  supposed  to  be  for  him,  as  well  as  many 
others  who  were  known  not  to  belong  to  that  order. 

Delozier's  supporters  were  men  who  stood  between 
the  two  great  extremes  and  consisted  of  a  large  num- 
ber of  conservative  men  of  all  classes  in  the  county. 

Maples  was  elected  by  a  plurality  of  147  votes,  and 
inducted  into  this  office  the  following  September.  His 
first  term  as  sheriff  was  not  marked  by  any  special 
incidents,  except  so  far  as  the  war  he  and  his  deputies 
waged  against  the  White-caps. 

It  was  he  and  his  deputies  who  arrested  thirteen  at 
one  time,  charged  with  white-capping,  and  brought 
them  into  Sevierville  for  trial.  This  was  immediately 
after  the  battle  near  Henderson's  Springs  between  the 
White-caps  and  Blue  Bills,  in  which  three  men  were 
killed  and  one  or  two  others  wounded. 

Maples  has  always  waged  an  unrelenting  war  on 
the  White-caps  and  was  hated  by  them  second  to  none 
except  Tom  Davis,  his  faithful  deputy  and  anti- White- 
cap  leader. 


THE   WHITE-CAPS.  167 

He  was  a  candidate  again  and  re-elected  in  1896, 
thereby  receiving  the  endorsement  of  the  people  of 
the  county  for  an  honest  and  faithful  administration  of 
his  first  term. 

His  opponents  in  his  second  race  were  C.  C.  Yett 
and  R.  H.  Shields,  the  former  being  a  son-in-law  of 
Captain  Wynn  and  a  deputy  under  him  when  he  was 
sheriff,  and  the  latter  being  a  warm  supporter  of  G.  I/. 
Delozier.  It  is  therefore  seen  that  the  field  was 
divided  much  in  the  same  manner  as  in  the  former 
race,  and  the  same  issues  in  a  measure  entered  into  it. 
This  time  Maples  was  elected  by  a  plurality  of  162 
votes. 

Soon  after  his  second  election  the  Whaley  murder 
occurred.  This  afforded  sheriff  Maples  and  his  depu- 
ties additional  reasons  for  pursuing  the  White-caps 
with  more  zeal  than  ever,  which  they  did.  This  mur- 
der aroused  so  much  public  sentiment  against  white- 
capping  that  sheriff  Maples  thought  that  now  was  the 
time  to  strike  the  death  blow.  And  to  that  end  he  and 
his  deputies  went  to  work  as  never  before  to  drive  this 
hated  organization  from  the  county.  So  he  and  his 
deputies  became  vigilants  and  detectives  to  hunt  down 
White-cap  criminals  wherever  they  might  lurk,  and 
especially  were  they  determined  to  hunt  down  the 
Whaley  murderers  and  bring  them  to  justice.  What 
success  they  have  had  remains  for  the  public  to  judge. 

By  the  time  sheriff  Maples'  term  of  office  expired, 
white-capping  in  Sevier  county  was  almost  a  thing  of 
the  past,  and  many  ot  those  found  guilty  of  this 
offense  had  been  tried  and  convicted. 

Sheriff  Maples  took  a  leading  part  in  the  prosecution 
of  Pleas  Wynn  and  Catlett  Tipton,  and  on  this  account 


1 68  THE  WHITE-CAPS. 

incurred  the  enmity  not  only  of  the  defendants  but  of 
some  of  their  friends  and  relatives  also. 

This  led  to  an  unfortunate  difficulty  between  sheriff 
Maples  and  William  Wynn,  a  brother  of  Pleas,  during 
the  March  term  of  circuit  court,  1898,  in  Sevierville, 
in  which  Maples  shot  Wynn,  who  died  in  a  few  hours. 

Pleas  Wynn  and  Catlett  Tipton  were  being  tried  for 
the  Whaley  murder  at  this  time  and  William  Wynn 
not  liking  the  interest  Maples  was  taking  in  the  trial 
both  as  a  witness  and  an  officer,  and  being  somewhat 
intoxicated,  accosted  Maples  on  the  street  and  began 
cursing  and  abusing  him.  Whereupon  Maples  drew 
his  pistol  and  shot  him,  but  not  until  Wynn  had 
threatened  to  kill  him  and  made  an  attempt  to  draw  a 
weapon,  as  Maples  claims. 

Maples  now  stands  indicted  for  the  killing  of  Wynn, 
and  insists  that  he  was  justifiable  in  doing  it  under  the 
circumstances. 

The  case  will  probably  be  tried  at  the  next  term  of 
the  circuit  court,  at  Sevierville,  when  the  public  will 
get  the  merits  of  the  case  as  presented  by  the  testi- 
mony. 

It  is  generally  admitted  that  Wynn  sought  the 
meeting  between  him  and  Maples  and  brought  on  the 
difficulty,  and  being  a  bold,  dangerous  man,  will  all 
militate  in  Maples'  favor. 

When  Tom  Davis  became  a  candidate  for  sheriff 
against  Mr.  Shields,  sheriff  Maples,  remembering  the 
great  services  rendered  him  by  Davis  while  a  deputy 
under  him,  espoused  his  cause  very  enthusiastically 
and  contributed  much  by  his  vast  influence  to  the  elec- 
tion of  Davis. 


SHERIFF    M.    F.    MAPLES. 


THE   WHITE-CAPS.  169 

Maples  has  always  been  a  strong  republican,  but  in 
this  instance  he  took  the  bit  in  his  mouth  over  the 
protests  of  many  of  his  friends  and  appointed  Tom 
Davis  a  deputy  because  of  his  peculiar  fitness  for 
the  position. 

He  had  no  cause  to  regret  this  appointment,  and 
when  Davis  became  a  candidate  for  sheriff  he  could  not 
withhold  his  support  from  him,  even  though  a  demo- 
crat. He  felt  that  it  was  not  inconsistent  after  having 
appointed  Davis  a  deputy  to  give  him  his  support,  and 
right  or  wrong  this  is  the  record  he  has  made. 

Maples  was  married  when  quite  young  to  Miss  Julia 
Lillard,  of  Cocke  county,  a  quiet,  unassuming  Chris- 
tian woman,  who  made  him  a  cheerful  and  zealous 
helpmeet  through  all  his  struggles  in  life. 

Mr.  and  Mrs.  Maples  have  only  one  child,  a  daughter, 
who  is  now  Mrs.  W.  H.  Gass,  of  Sevierville. 


CHAPTER   XXVIII. 

THE  ROBBERY  OF  JOHN  BURNETT. 

John  Burnett  is  an  old  pensioner  and  owns  a  little 
hill-side  farm  six  miles  west  of  Sevierville  among  the 
foot  hills  of  the  Chilhowee  mountains.  He  was  a  hard 
working  old  man  and  evidently  had  struggled  hard 
through  life  to  support  his  wife  and  large  family  of 
children. 

Besides  the  income  from  his  little  farm,  he  received 
a  pension  of  twenty-four  dollars  per  month.  These 
two  sources  of  revenue  were  his  only  means  of  sup- 
port. From  the  first  he  received  supplies  for  the 
table,  while  the  other  was  usually  spent  in  buying  the 
necessary  clothing  for  the  family.  Therefore,  Burnett 
and  his  family  hailed  with  delight  the  coming  of 
"pension  day." 

One  cold  November  morning  in  1896  Mr.  Burnett 
mounted  his  horse  and  rode  away  in  the  direction  of 
Sevierville.  He  had  not  told  all  the  members  of  the 
family  where  he  was  going.  Mrs.  Burnett,  however, 
well  knew  his  mission.  The  children  asked  : 

"  Where  is  papa  going  this  cold  morning?  " 

A  bright  smile  lit  up  their  faces  when  they  learned 
he  had  started  for  Sevierville  to  cash  his  pension  check, 
for  winter  was  coming  on,  the  mornings  were  cold  and 
frosty,  and  they  had  not  yet  received  their  winter 
shoes. 

Mr.  Burnett  drew  his  money  from  the  Sevierville 
bank,  and  as  he  stuffed  a  big  roll  of  greenbacks  in  his 
pocket,  remarked : 


THE   WHITK-CAPS.  1 71 

"  Mattie  and  the  children  will  be  happy  tonight. 
They've  been  teasing  the  life  out  of  me  for  their 
winter  clothing." 

The  children  anxiously  awaited  the  return  of  their 
father  that  evening.  But  the  sun  had  set  and  the 
blue  mists  of  twilight  were  fast  gathering  over  the  old 
homestead  when  Mr.  Burnett  rode  up  to  the  gate. 
They  met  him  at  the  gate  and  their  hearts  were  over- 
joyed when  they  were  assured  that  he  had  his  money 
— seventy-two  dollars. 

It  was  a  happy  family  that  sat  around  the  fire-place 
that  night  and  talked  of  what  each  one  would  receive. 
Some  new  shoes,  some  new  hats  and  cloaks,  while  the 
grown  boys  were  to  have  new  suits  of  ''  store  clothes." 

But  "  a  bird  in  the  hand  is  worth  two  in  the  bush," 
and  speeding  hours  sometimes  bring  with  them  events 
which  play  havoc  with  our  brightest  hopes. 

At  that  very  moment  Pleas  Wynn,  George  Thurmer, 
and  Jap.  and  Joe  Jenkins  were  playing  cards  for  drinks 
in  an  upstairs  room  at  Yett  &  Trotter's  store  and  plan- 
ning a  raid  for  ill  gotten  gains. 

Pleas  Wynn's  sharp  eye  had  caught  a  glimpse  of 
that  large  roll  of  greenback  as  it  passed  from  the  hands 
of  the  cashier  into  those  of  the  owner.  Pleas  sat 
whittling  on  a  goods  box  in  front  of  the  bank,  and 
while  apparently  taking  no  notice  of  his  surroundings, 
was  watching  the  transaction  on  the  inside. 

When  the  boys  were  fairly  well  "  tanked  up  "  that 
night  on  mean  liquor  Pleas  told  of  what  he  had  seen 
at  the  bank  and  suggested  that  they  "  take  it  in." 

This  was  a  new  field  of  business  to  Thurmer,  and  at 
first  he  protested  against  it,  saying : 


172  THE  WHITE-CAPS. 

"  I  have  just  returned  from  serving  a  term  in  the 
penitentiary,  and  we  will  all  get  caught  up  with,  and 
then  I  will  have  another  job  an  my  hands." 

"  You  are  the  very  man  we  need,  George,"  argued 
Wynn.  "You  must  go;  we  can't  do  without  you." 

"  Pshaw,  George.  They  ain't  one  bit  o'  danger. 
They  can't  do  nothin'  with  a  White-cap,"  chimed  in 
Joe  Jenkins. 

"  Well,  they  might,"  said  Jap.  "  Let's  all  take 
another  drink  and  then  we  will  talk  more  about  it." 

The  drinks  went  around  and  then  another  big 
"  horn ''  was  taken,  and  a  bright  smile  played  upon 
the  faces  of  the  four  robbers  as  Pleas  Wynn  gave  out 
the  plans  in  detail  and  told  them  how  easy  it  would  be 
to  frighten  old  man  Burnett  out  of  his  senses,  take  his 
money  and  disappear  in  the  darkness. 

Jap.  and  Joe  Jenkins  were  conducting  a  livery  stable 
in  the  lower  end  of  town,  also  a  "  blind  tiger,"  so  the 
horses  and  liquor  were  at  hand,  and  they  started  at 
once  for  the  Burnett  home.  They  rode  at  a  lively 
gait  and  were  not  long  in  reaching  their  destination. 

Crash  went  the  door,  and  three  men  closely  masked 
stepped  inside.  Mr.  Burnett,  aroused  from  his  mid- 
night slumbers,  stood  gazing  at  the  robed  figures  in 
utter  astonishment, 

"  Hold  up  your  hands,"  came  the  first  command. 

It  was  no  sooner  given  than  obeyed,  and  Burnett 
stood  on  his  tiptoes  reaching  for  the  ceiling  overhead. 

They  turned  to  his  daughter's  bed  and  ordered  her 
to  get  up  and  light  a  lamp.  As  she  did  not  obey  at 
once  she  was  dragged  out  of  bed  in  her  night  clothing 
and  forced  to  make  a  light. 


THE    WHITE-CAPS.  173 

Two  of  the  robbers  took  Burnett  into  an  adjoining 
room  while  the  third  stood  by  Mrs.  Burnett's  bed  with 
a  drawn  club. 

"  Where  is  your  money?  ''  Burnett  was  asked. 

"I — I — hav — haven't  got  any,"  stammered  the  old 
man,  as  he  turned  his  pockets  inside  out. 

"  D n   you,    I  know  you  have,"  said  the  low, 

heavy-set  man.     "  Get  it  for  us,  and  be  d d  quick 

about  it." 

The  command  was  emphasized  by  two  large  revol- 
vers which  were  thrust  in  his  face  so  close  that  one 
touched  his  cheek.  This  had  the  desired  effect  and 
Burnett  said : 

"  Take  me  in  the  other  room  and  my  wife  will  get 
it  for  you." 

Mrs.  Burnett  did  not  know  where  it  was,  but  the 
eldest  daughter  did.  Burnett  rushed  frantically  around 
the  room  opening  a  drawer  here  and  there  making  an 
honest  effort  to  find  the  money,  but  failed  to  do  so. 

The  robbers  thought  he  was  playing  a  game  on  them, 
and  one  struck  him  on  the  head  with  the  butt  of  his 
pistol,  knocking  him  down. 

"Now,  d n  you,  take  that,"  he  said.     "We've 

come  to  get  your  money  or  your  life,  one  or  the  other, 
and  we  don't  give  a  d n  which." 

Through  all  this  excitement  the  heroic  daughter, 
who  knew  where  the  money  was  concealed,  had 
remained  silent.  But  when  she  saw  her  father  fall  to 
the  floor,  she  weakened,  and  pulling  out  a  drawer  gave 
the  money  to  Pleas  Wynn. . 


174  THE  WHITE-CAPS. 

This  ended  the  fearful  scene.  The  robbers  disap- 
peared as  abruptly  as  they  had  made  their  appearance, 
leaving  the  erstwhile  happy' home  in  sore  distress. 

Burnett  sank  down  in  an  old-fashioned  rocker  by  his 
wife  exclaiming : 

"  Oh,  my  God !     Mattie,  we  are  ruined,  now." 

The  robbers  .went  dashing  down  the  road  at  a  break- 
neck speed,  and  when  about  a  mile  and  a  half  from  the 
scene  of  the  robbery,  they  turned  into  a  little  scope  of 
woods,  dismounted  and  divided  the  money.  Pleas 
Wynn  drew  from  his  pocket  a  roll  of  greenbacks,  and 
not  satisfied  with  having  robbed  an  old  pensioner,  he 
now  plays  a  game  on  his  companions  in  crime. 

"Thirty-nine  dollars  was  all  I  got,"  said  Pleas. 

"  The  h — 11  you  say,"  said  Jap.  Jenkins.  "  Then  we 
didn't  get  it  all.  They  put  up  a  job  on  us  at  last." 

The  thirty-nine  dollars  was  divided  into  four  equal 
parts,  Wynn  keeping  his  share  and  also  the  balance  of 
the  seventy -two  dollars  which  the  young  girl  had 
given  him. 

They  remounted  their  horses  and  the  return  trip 
was  made  in  double  quick  time.  On  reaching  the  out- 
skirts of  town  they  checked  their  flying  steeds  and 
quietly  rode  into  town,  two  and  two. 

At  the  March  term  of  court,  1897,  Pleas  Wynn, 
George  Thurmer,  John  Christopher,  Jap.,  Joe  and  Sam 
Jenkins  were  indicted  for  this  crime.  John  Christo- 
pher, Sam  and  Joe  Jenkins  were  tried  at  the  July  term 
of  court,  1897.  Joe  Jenkins  was  convicted  and  sen- 
tenced to  the  penitentiary  for  five  years  and  is  now 
serving  the  term.  John  Christopher  and  Sam  Jenkins 
were  acquitted,  and  indeed  they  should  have  been,  as 


THE   WHITE-CAPS.  175 

neither  was  guilty,  according  to  the  statements  of 
some  who  participated  in  the  commission  of  the  crime. 

Pleas  Wynn,  Jap  Jenkins  and  George  Thurmer  have 
never  been  tried  for  this  crime,  and,  perhaps  never 
will  be,  as  Wynn  is  sentenced  to  die  upon  the  gallows 
for  the  murder  of  William  and  Laura  Whaley,  and  Jap. 
Jenkins  and  George  Thurmer  have  turned  the  light  on 
and  rendered  the  officers  valuable  assistance  in  ferret- 
ing out  other  crimes. 

Joe  Jenkins,  the  man  who  said  "They  can't  do 
nothin'  with  a  White-cap,"  is  the  only  one  to  suffer 
the  penalty  of  the  law. 

On  the  return  trip  from  Kentucky  with  George 
Thurmer,  he  said  to  deputy  sheriff  Tom  Davis  : 

"  Take  these  handcuffs  off." 

"  No  indeed,"  replied  the  officer.  "  If  you  had  taken 
my  advice,  George,  and  told  what  you  knew  about  this 
matter  you  would  have  been  a  free  man  to-day." 

"If  I  am  ever  offered  that  opportunity  again,  by 
G d,  I'll  do  it,"  said  George. 

"  Open  up  yourself  then,"  replied  the  officer,  "  the 
opportunity  is  at  hand. 

Thereupon  George  made  a  clean  breast  of  the  whole 
matter.  He  has  also  given  out  valuable  information 
besides  coming  to  sheriff  Maples'  rescue  at  a  critical 
moment. 

There  are  few  men  who  have  become  so  destitute  of 
all  sense  of  honor  that  they  have  no  good  qualities  left. 
George  was  not  an  exception  to  the  rule. 

John  Burnett  well  knew  the  dangerous  character  of 
the  robbers,  who  had  threatened  his  life  if  he  revealed 
the  loss  of  his  money,  and  immediately  moved  to 
Knoxville,  where  he  now  resides. 


CHAPTER  XXIX. 

THE   ROBBERY  OF   ANDREW   HENDERSON. 

This  robbery  occurred  in  the  latter  part  of  Novem- 
ber, 1896,  following  closely  the  robbery  of  old  man 
John  Burnett. 

"Old  Uncle  Andy,"  as  he  was  familiarly  known, 
lived  in  the  Henderson  Spring  neighborhood  and  was 
one  of  the  oldest  and  best  citizens  in  Sevier  county. 
Besides  owning  one  of  the  best  river  farms  in  the 
county,  it  was  a  well  known  fact  that  he  always  kept 
on  hand  a  large  sum  of  ready  cash. 

He  was  an  out-spoken  old  man,  and  did  not  hesitate 
to  speak  his  sentiments.  He  never  occupied  neutral 
ground  on  any  grave  question,  but  took  one  side  or 
the  other,  and  was  always  able  to  defend  his  position. 
I/ike  all  the  other  Hendersons  of  Sevier  county,  he 
took  a  bold  stand  against  the  White-caps.  Hence  the 
motive  for  the  commission  of  this  grave  crime  may 
have  been  two-fold. 

These  midnight  raiders,  no  doubt,  reasoned  with 
themselves  in  this  way :  that  they  would  not  only 
enhance  the  sum  of  their  ill-gotten  gains,  but  at  the 
same  time  would  get  even  with  a  relentless  enemy  for 
his  bold  denunciation  of  their  cowardly  crimes. 

It  has  always  been  believed  by  Sevier  county  people 
that  at  least  some  of  the  men  committing  this  crime 
were  his  near  neighbors  who  were  perfectly  familiar 
with  all  the  surroundings. 


THE   WHITE-CAPS.  177 

Uncle  Andy  was  suddenly  aroused  that  night  in 
November  from  his  midnight  slumbers  by  a  heavy 
crash  at  his  window.  He  opened  his  eyes  and  found 
the  muzzle  of  a  shot  gun  staring  him  in  the  face,  and 
at  the  same  time  came  the  command  : 

"  Hold  up  your  hands." 

The  robbers,  evidently,  were  acquainted  with  the 
situation  and  well  knew  that  Uncle  Andy's  shot  gun 
was  always  near  his  bedside,  and  although  old  and 
feeble,  he  knew  how  to  handle  it,  and  they  did  not 
care  to  take  equal  chances  with  him.  So  one  of  them 
thrust  a  shot  gun  through  the  window  pane  and  kept 
him  covered  while  the  others  battered  down  the  door. 

Once  on  the  inside  it  was  an  easy  matter  to  accom- 
plish their  purpose.  They  dragged  the  old  man  from 
his  bed  and  shoved  him  around  the  room  in  a  rough 
manner,  and  with  a  man  at  each  arm  they  led  him  to 
his  safe  and  demanded  him  to  open  it  at  once.  He 
obeyed  the  command  but  it  was  some  little  time  before 
he  could  get  it  open.  He  had  forgotten  the  combina- 
tion and  had  begun  to  grow  uneasy  for  fear  he  could 
not  open  it  at  all.  He  turned  the  knob  with  great 
care,  for  he  knew  full  well  that  his  life  depended  on 
his  success  in  opening  the  safe.  At  last  the  safe  was 
opened  and  the  shining  gold,  amounting  to  a  little 
over  two  thousand  dollars,  was  turned  over  to  the 
robbers. 

Yet  they  were  not  satisfied ;  they  knew  Uncle  Andy 
always  kept  on  hand  for  his  morning  dram  some  of 
the  finest  liquor  that  could  be  had,  and  making  their 
way  to  his  closet  they  found  a  two-gallon  demijohn 
upon  which  the  seal  had  not  yet  been  broken.  Satis- 


178  THE   WHITE-CAPS. 

fied  at  last,  if  indeed  it  is  possible  to  satisfy  the  raven- 
ous greed  of  a  midnight  robber,  they  bade  him  good- 
night and  departed. 

Soon  the  loud  clatter  of  horses'  hoofs  was  heard  going 
down  the  road  in  the  direction  of  Sevierville,  and  three  or 
four  reckless  riders  reeling  in  their  saddles  and  yelling 
at  the  top  of  their  voices  : 

"  White-caps  !  White-caps  !  Hurrah  for  the  White- 
caps  ! " 

On  they  went  as  fast  as  their  fiery  steeds  could  carry 
them,  passing  the  farm  houses  one  by  one  in  quick 
succession,  still  yelling : 

' '  White-caps  !  White-caps  !  Clear  the  way — the 
White-caps  are  coming  !  " 

On  approaching  the  town  of  Sevierville  they  tight- 
ened their  reins  and  came  suddenly  to  a  halt,  and 
nothing  more  was  heard  of  them. 

Before  leaving  old  man  Henderson,  they  waived  a 
pistol  in  his  face,  saying  : 

"  Old  man,  if  you  ever  cheep  this,  your  life  instead 
of  your  gold  will  pay  the  penalty." 

The  old  man  and  his  aged  companion  lay  in  bed  talk- 
ing in  subdued  tones  until  ten  o'clock  next  day.  They 
imagined  they  could  hear  the  robbers  walking  around 
the  house  and  thought  they  had  returned  to  carry  out 
the  threat  they  had  made  the  night  before.  It  was, 
therefore,  late  in  the  day  before  the  neighbors  knew 
that  a  robbery  had  been  committed. 

He  finally  sent  for  his  nephew,  William  A.  Hender- 
son. When  he  came,  the  old  man  burst  in  tears, 
saying : 

"  Bill,  I  am  ruined,  I  am  ruined !  " 


THE   WHITE-CAPS.  179 

"What  on  earth  is  the  matter,  Uncle  Andy?" 
queried  his  nephew. 

"  They  have  robbed  me  of  all  my  gold,  and  left  me 
without  a  cent/'  replied  the  heart-broken  old  man. 

It  would  have  been  better  had  they  murdered  him 
in  cold  blood,  for  the  shock  that  he  received  that  night 
with  the  loss  of  the  earnings  of  a  life-time  no  doubt 
caused  his  death. 

Up  to  this  time  his  mind  had  been  as  clear  and 
bright  as  it  had  ever  been  in  his  younger  days,  but 
now  it  became  unbalanced  from  meditating  and  brood- 
ing over  his  sad  misfortune.  He  lingered  along  for 
two  or  three  months  and  died,  his  mind  gradually  giv- 
ing away. 

There  is  still  an  outstanding  reward  of  three  hundred 
dollars  for  the  arrest  and  conviction  of  the  perpetrators 
of  this  midnight  robbery. 

We  close  this  chapter  without  giving  the  general 
public  all  the  facts  known  in  regard  to  the  parties 
committing  the  crime,  as  officers  are  now  working 
hard  on  this  case  with  a  fair  chance  of  success. 


CHAPTER  XXX. 

WHIPPING   OF    MRS.    MARY    BRKEDEN    AND    HER 
DAUGHTERS. 

In  the  write-up  of  the  White-caps  and  their  depreda- 
tions in  Sevier  County,  it  has  not  been  the  purpose  of 
the  writer  to  give  full  and  detailed  accounts  of  all  the 
minor  offenses  committed  by  them. 

It  would  take  a  volume  of  more  than  one  thousand 
pages  to  give  such  accounts,  and  do  the  subject 
justice,  there  frequently  occurring  more  than  a  dozen 
whippings  in  a  single  night.  Such  being  the  case,  the 
writer  is  content  to  give  an  account  of  only  such  whip- 
pings as  proved  fatal  to  the  unfortunate  victims. 

The  whipping  of  Mrs.  Mary  Breeden  and  her 
daughters,  Bell  and  Martha,  is  a  case  of  unparalleled 
cruelty,  and  shows  the  depravity  of  the  human  heart. 

One  Saturday  night  about  the  middle  of  May,  1893, 
the  inmates  of  the  Breeden  home  were  aroused  from 
their  peaceful  slumber  by  the  footsteps  of  unknown 
parties  surrounding  the  house  and  the  captain  of  the 
band  calling : 

"  Oh  !  Jes,  Oh  !  Jes  !  get  up  we  want  to  see  you." 
Jes  was  Mrs.  Breeden's  oldest  child  and  only  son,  a 
young  man  of  good  character  and  exemplary  habits, 
who  struggled  hard  for  the  support  of  his  widowed 
mother  and  her  large  family  of  children.  The  White- 
caps  had  not  given  the  Breeden  family  any  previous 
notice,  as  was  their  custom,  and  the  unsuspecting  young 
man  opened  wide  the  door  of  their  humble  cabin  home. 


THE   WHITE-CAPS.  l8l 

He  was  greatly  surprised  to  find  the  yard  full  of 
masked  men,  who,  quick  as  a  flash,  covered  him  with 
their  guns. 

He  was  asked  if  the  house  belonged  to  him  or  his 
mother. 

"  It  belongs  to  mother  I  guess,  as  I  am  not  married," 
he  replied. 

Eight  of  their  number  came  in  the  house  and  while 
four  of  them  kept  the  young  man  covered  with  their 
revolvers,  threatening  to  blow  his  heart  out  if  he 
moved,  the  other  four  proceeded  to  drag  Miss  Bell,  the 
oldest  daughter,  from  her  bed  and  took  her  out  into 
the  yard  in  her  night  apparel.  Two  men  each 
taking  her  by  the  hand,  held  her  arms  outstretched  at 
full  length,  while  two  others,  one  on  each  side,  gave 
her  a  most  cruel  and  unmerciful  beating. 

The  young  woman  felt  the  sting  of  the  cruel  lash 
laid  upon  her  bare  back  and  made  a  desperate  effort  to 
free  herself  from  the  death-like  grasp  of  hellish 
demons.  But  all  to  no  purpose.  She  was  powerless 
in  the  hands  of  this  heartless  band  of  base  cowards 
whose  deeds  were  as  dark  as  hell  its  self.  Her  punish- 
ment was  only  more  severe  for  the  efforts  she  made  to 
escape  such  cruel  treatment. 

In  the  meantime,  however,  Mrs.  Breeden,  with  a 
motherly  love  for  her  daughter,  was  interceeding  in  her 
behalf,  and  begged  them  in  the  name  of  high  heaven 
to  spare  her  daughter's  life.  The  reply  came  from  the 
leader. 

"  G — d  d — m  you.  Hush  !  "  "  It  will  be  your  time 
next." 


1 82  THE   WHITE-CAPS. 

Miss  Bell  was  led  back  into  the  house  writhing  in 
pain ;  the  blood  stains  clearly  visible  through  her  night 
gown. 

Miss  Martha  was  next  taken  into  the  yard  and 
forced  to  go  through  the  same  trjing  ordeal  except 
her  punishment  was  not  so  severe. 

Again  Mrs.  Breeden  interceeded  in  behalf  of  her 
younger  daughter,  which  did  no  good  however,  but 
rather  had  a  tendency  to  infuriate  the  mob. 

Next  in  turn  came  Mrs.  Breeden,  who,  in  like 
manner,  received  the  same  punishment  as  her  two 
daughters,  except  that  it  exceeded  theirs  in  severity. 

.  Of  all  the  heinous  crimes  committed  by  this  lawless 
band,  there  is  none,  perhaps,  that  equals  in  point  of 
brutality  the  whipping  of  old  Mrs.  Breeden,  except 
the  murder  of  William  and  Laura  Whaley. 

Mrs.  Breeden  had  just  passed  her  sixtieth  year,  and 
was  a  hard-working  inoffensive  old  lady.  She  had 
evidently  had  a  hard  struggle  through  life  to  support 
her  large  family  of  children.  And  her  two  oldest 
daughters,  Bell  and  Martha,  who  were  rather  hand- 
some, had  been  her  tender  care  for  many  years.  And 
now,  to  stand  by  and  see  those  two  beautiful  rose  buds 
which  she  had  so  long  watched  over  and  cared  for, 
plucked  from  the  bush,  as  it  were,  when  just  bursting 
into  full  bloom  of  hope,  and  dragged  from  under  the 
parental  roof  in  their  night  apparel,  and  subjected  to  .a 
cruel  beating,  was  more  than  she  could  endure.  Al- 
though she  realized  the  situation,  and  knew  full  well 
that  to  utter  one  word  in  their  defence,  was  treading 
upon  dangerous  ground,  yet  moved  by  the  impulse  of 
a  motherly  love,  she  entered  a  protest  against  such 


THE   WHITE-CAPS.  183 

cruel  treatment.  She  strongly  denied  that  her  two 
daughters  were  living  in  adultery,  as  they  were  accused 
of  doing,  and  branded  them  as  base  cowards  for  over- 
powering a  woman.  For  this  she  was  cursed  and 
abused,  and  then,  in  turn,  was  dragged  into  the  yard 
where  she  received  a  fatal  whipping. 

The  scene  of  this  whipping  is  one  that  will  ever  live 
in  the  minds  of  those  who  witnessed  it,  and  which,  no 
doubt,  the  perpetrators  thereof  would  like  to  blot  from 
their  memories  forever.  Although  they  may  attempt 
to  escape  from  the  recollections  of  this  awful  crime  by 
roaming  in  distant  lands,  yet  they  can  never  escape 
those  nightly  visions  that  hover  around  the  bedside 
and  prey  upon  the  mind  of  a  heartless  wretch  who 
would  commit  a  crime  like  this.  They  can  never  close 
their  eyes  upon  such  a  ghastly  scene,  but  like  a  fairy 
phantom,  it  will  ever  follow  their  wandering  footsteps 
through  the  busy  scenes  of  this  life,  and  haunt  them 
where  ever  they  may  be. 

It  was  indeed  a  most  heartrending  scene.  Enough 
to  arouse  the  sympathies  of  the  most  hardened  crimi- 
nal, and  melt  into  tears  a  heart  of  stone.  The  withes 
used  in  this  whipping  were  black  gum  of  an  unusual 
size,  being  at  least  three-fourths  of  an  inch  in  diameter 
at  the  larger  end,  and  with  the  knots  left  on  them. 
When  they  lapped  across  the  shoulders  of  the  poor  un- 
fortunate woman  the  knots  cut  great  gashes  in  her 
flesh.  She  had  upbraided  them  for  their  cruelty  and  cow- 
ardice in  overpowering  and  punishing  her  two  daughters, 
and  they  in  turn  determined  to  make  an  example  of 
her  to  teach  others  what  it  was  to  reprove  them  for 
their  lawless  deeds.  Blow  after  blow  in  quick  succes- 
sion was  laid  upon  her  body,  while  she  screamed  at 


1 84  THE  WHITE-CAPS. 

the  top  of  her  voice  for  help.  And  while  writhing  in 
great  agony,  struggling  alone  to  free  herself  from  the 
clutches  of  this  heartless  band  of  desperadoes,  one  of 
their  own  men,  whose  heart  was  touched  by  the  horri- 
ble scene  came  to  her  rescue. 

He  had  stood  back  in  the  dark,  and  up  to  this  time 
had  taken  no  part  in  the  proceedings.  He  boldly 
stepped  to  the  front  and  in  a  commanding  voice  said : 

"  Don't  strike  her  another  lick."  "  I  know  this  old 
lady  and  she  dosen't  deserve  such  treatment  as  this." 

A  controversy  arose  between  them,  and  they  were 
about  to  proceed  with  the  whipping,  when  he  suddenly 
pulled  from  his  pocket  a  revolver  and  said : 

"  I'll  shoot  the  head  off  of  the  first  man  that  strikes 
her  another  lick,  if  I  die  the  next  minute." 

Although  these  words  were  spoken  in  a  stern  com- 
manding voice,  yet  they  fell  upon  the  ears  of  the  terror- 
stricken  family  like  a  gleam  of  sunshine  in  the  midst 
of  a  raging  storm.  It  had  the  desired  effect  upon  his 
companions  in  crime.  Although  a  White-cap,  he  is  to 
be  commended  for  this  brave  and  courageous  act. 

The  poor  woman,  now  more  dead  than  alive,  was  re- 
leased and  assisted  back  into  the  house  with  the  blood 
trickling  down  her  back,  and  dripping  upon  the 
ground. 

We  now  turn  to  the  young  man  "Jesse,"  who  was 
closely  guarded  by  four  well  armed  men.  He  had 
stood  by  and  seen  his  two  sisters  ruthlessly  dragged 
from  their  sleeping  couches,  and  the  unmerciful  whip- 
ping which  followed.  Now  he  was  forced  to  stand  by 
and  witness  a  scene  which  was  most  touching  and 


DETECTIVE  C.  W.   McCAU,. 
(Now  Deputy  United  States  Marshal.) 


THE  WHITE-CAPS.  185 

heart-rending  ;  one  that  but  few  men  have  ever  experi- 
enced— the  whipping  of  his  aged  mother. 

No  doubt  the  young  man's  mind  went  back  o'er 
many  years,  and  the  halcyon  days  of  childhood  rose 
up  in  a  vision  before  him  as  one  by  one  he  recalled  the 
passing  events  mingled  with  joys  and  sorrows,  when 
by  day  he  played  'round  the  door  of  their  lowly  cabin 
and  at  night  was  rocked  to  sleep  in  the  arms  of  an 
affectionate  mother.  These  same  arms,  that  so  often 
had  been  clasped  around  her  first  born  and  only  boy, 
now  held  outstretched  by  two  strong  men,  while  two 
hellish  demons  applied  the  cruel  lash  that  forever 
sealed  the  fate  of  Mrs.  Breeden  and  sent  her  to  an  un- 
timety  grave. 

Such  was  the  scene  that  the  young  man  gazed  upon 
while  the  tears  trickled  down  his  manly  face. 

Quick  as  a  flash  he  tore  loose  from  one  of  the  men 
who  had  .him  in  charge,  in  a  determined  effort  to 
rescue  his  mother.  Instantly  four  revolvers  were 
thrust  in  his  face,  one'  of  them  so  close  that  it  almost 
touched  his  cheek.  At  this  juncture,  while  looking 
down  the  barrel  of  the  gleaming  revolver  he  recognized 
his  own  weapon  which  he  had  taken  to  Jesse  Robin- 
son's shop  for  repairs  only  few  days  previous. 

Thus  the  young  man  was  powerless  to  render  assist- 
ance to  the  bewailing  mother.  Had  it  not  been  for 
the  timely  interference  of  one  of  their  own  men,  as 
stated  heretofore,  no  doubt  Mrs.  Breeden  would  have 
been  left  lying  prostrate  upon  the  ground  a  lifeless 
corpse. 

During  the  whipping  Mrs.  Breeden's  hair  came 
down  and  fell  in  a  loose  mass  over  her  shoulders. 


1 86  THE  WHITE-CAPS. 

When  the  neighbors  appeared  on  the  scene  next 
morning  they  found  short  pieces  of  the  withes,  some 
four  or  five  inches  long,  which  had  broken  off  and  were 
lying  upon  the  ground,  wrapped  with  hair  and  stained 
with  blood. 

They  found  Mrs.  Breeden  suffering  terribly  from  her 
ghastly  wounds.  During  the  night  the  blood  had 
dried  and  left  her  clothing  sticking  fast  to  her  back. 
Several  applications  of  warm  water  were  made  before 
it  could  be  removed,  and  even  then  not  without  under- 
going great  pain. 

To  say  that  the  neighbors  who  witnessed  this  scene 
were  indignant,  would  be  putting  it  in  exceedingly 
mild  terms — they  were  simply  furious.  White-caps 
were  denounced  in  the  most  bitter  terms  and  threats 
were  freely  made. 

Shortly  after  this  occurence  an  organization  sprang 
up  known  as  "  Blue-Bill's,"  so  called  by  the  White- 
caps,  the  purpose  of  which  was  to  defeat  the  plans  of 
the  White-caps.  As  stated  in  d  preceeding  chapter, 
they  differed  from  the  White-caps  in  the  fact  that  they 
took  no  oath  and  wore  no  masks.  They  did  not  care 
to  cover  their  faces  to  put  down  a  crime  like  that  of 
white-capping. 

The  term  "  Blue  Bill "  applied  not  alone  to  those 
who  joined  that  organization,  but  any  good  citizen 
who  had  courage  enough  to  denounce  white-capism, 
was  by  the  White-caps  called  a  "  Blue  Bill." 

We  have  digressed  a  little,  but  now  return  to  the 
subject  at  hand. 

Mrs.  Breeden  gradually  grew  worse  and  was  never 
again,  after  the  whipping,  able  to  leave  her  room.  She 


THE   WHITE-CAPS.  187 

lingered  along  between  life  and  death  for  a  little  more 
than  two  months,  and  on  August  the  4th.,  1893, 
breathed  her  last.  Dr.  J.  A.  Henderson,  who  was  not 
her  family  physician,  but,  one  of  the  most  skillful 
physicians  in  Sevier  County,  was  called  in  a  few  days 
before  she  died.  After  a  careful  examination,  he  told 
her  she  could  not  hope  to  live  but  a  few  days.  And 
gave  it  as  his  opinion  that  the  unmerciful  whipping 
which  she  had  received  on  that  fatal  Saturday  night 
was  the  sole  cause  of  her  untimely  death.  She  told 
him  that  the  Furgason  boys  were  along  that  night  and 
that  one  or  both  of  them  had  done  the  whipping  and 
were  responsible  for  her  death.  The  sad  story  detailed 
by  this  poor  unfortunate  woman,  while  lying  upon  her 
death  bed,  with  only  a  faint  hold  upon  life,  touched 
the  heart  of  Dr.  J.  A.  Henderson.  It  no  doubt  was 
the  incentive  and  moving  power  that  actuated  him  in 
his  perilous  undertaking  of  organizing  an  armed  force 
to  put  down  white-capping. 

As  has  been  stated  in  a  previous  chapter,  he  was  the 
organizer  and  leader  of  an  armed  force  call  Blue  Bills, 
And  up  to  the  time  of  his  death,  perhaps,  did  more  to- 
retard  the  progress  of  white-capism  than  any  other  one 
man  in  Sevier  County.  He  was  a  shrewd  man,  and  a 
natural  born  leader,  and  the  White-caps  would  sooner 
tread  upon  the  tail  of  a  deadly  rattler  than  to  know 
that  he  was  on  their  trail.  He  was  a  veritable  thorn 
in  their  flesh. 

When  Dr.  Henderson  returned  to  Sevierville  and  re- 
lated the  circumstances  of  the  whipping  and  death  of 
Mrs.  Breeden,  it  touched  the  hearts  of  all  who  heard  it,, 
and  many  of  them  signified  their  willingness  to  go  at  a 
moments  warning  to  meet  the  White-caps  on  their 
raids,  and  avenge  this  cruel  deed. 


1 88  THE   WHITE-CAPS. 

The  alleged  cause  for  this  whipping  was  that  the 
Breeden  girls  were  living  in  adultery.  And  from  the 
best  information  that  can  be  had  we  do  not  doubt  the 
truthfulness  of  this  accusation  as  to  Miss  Bell,  while 
some  say  that  Miss  Martha  was  a  virtuous  woman. 
The  two  Breeden  girls  were  very  intelligent  and  were 
rather  good  looking.  Miss  Martha  was  married  soon 
after  the  whipping  to  a  respectable  and  substantial  cit- 
izen and  has  ever  since  lived  a  virtuous  life.  The  old 
lady  who  died  defending  the  virtue  of  her  two 
daughters,  was  herself  never  accused  of  being  a  lewed 
woman. 

We  close  this  chapter  by  briefly  referring  to  one 
other  incident  in  connection  with  the  Breeden  family. 

About  three  years  after  the  first  whipping  another 
attempt  was  made  to  whip  the  Breeden  girls,  who  were 
then  living  on  Patrick  Johnson's  land  in  the  house 
with  their  brother  Jesse  Breeden.  The  door  was  bat- 
tered down,  and  Jesse  well  remembering  the  fate  of  his 
mother,  made  his  escape  at  a  back  window.  He  went 
dashing  down  the  road  in  the  direction  of  Johnson's 
yelling  for  help.  Johnson  asked  him  what  on  earth 
was  the  matter. 

"The  White-caps  are  murdering  my  two  sisters," 
he  replied, 

Johnson  was  no  friend  to  the  White-caps,  and 
snatching  his  trusty  revolver,  hastened  to  the  scene 
of  the  trouble.  The  house  sets  close  by  the  roadside 
on  the  East,  and  two  or  three  White-caps  were  left  on 
the  lower  side  of  the  house  to  guard  the  road.  They 
saw  Johnson  coming  and  opened  fire  on  him  at  once, 
but  without  effect,  as  he  still  kept  coming. 


THE   WHITE-CAPS.  189 

The  main  body  of  the  White-caps  were  on  the  upper 
side  of  the  house  making  preparations  for  the  whipping. 
Those  on  the  lower  side  unable  to  hold  their  position, 
called  for  help : 

"  Come  around  here  quick,  I  tell  you,  "  Pad,"  John- 
son is  coming." 

"  G — d  d — m  him,  shoot  h — 1  out  of  him,"  was  the 
reply,  and  they  all  came  to  the  front  side  and  fired  at 
him. 

But  "  Pad,"  as  he  was  familiarly  known,  was  not  the 
man  to  leave  dust  in  the  road  behind  him  at  the  first 
onslaught  of  a  White-cap  battle. 

Up  to  this  time  he  had  not  fired  a  single  shot,  and  now 
began  to  pour  it  into  them  as  fast  as  he  could  pull  the 
trigger.  The  White-caps  fired  one  more  volley  and 
fled  in  dismay,  leaving  "  Pad"  master  of  the  situation. 

I  will  follow  them  one  step  farther  before  I  close 
this  chapter.  The  White-caps  had  shot  out  their  am- 
munition and  went  immediately  in  search  of  more.  They 
called  at  James  Brown's  store  at  Sinking  Springs,  for  a 
new  supply.  Mr.  Brown  had  retired,  but  thinking  it  was 
some  of  his  neighbor  boys,  got  up  to  get  it  for  them. 
The  night  was  dark  and  he  unlocked  the  store  door, 
walked  behind  the  counter  and  lit  a  lamp.  Imagine 
his  surprise  when  he  found  his  store  standing  full  of 
masked  men  instead  of  neighbor  boys.  They  de- 
manded from  him  a  full  supply  of  ammunition,  saying: 

"  We  have  shot  out  once  to  night,  either  at  a  man 
or  his  image  we  don't  know  which  for  we  could  not  hit 
him,  but  we  are  going  back  to  try  him  again." 

"Take  off  your  masks,"  replied  Mr.  Brown,  "and 
I  will  sell  you  all  the  ammunition  you  want." 


THE   WHITE-CAPS. 

"We  don't  have  to  buy  it"  replied  the  leader, 
walking  towards  the  back  end  of  the  house  where  Mr. 
Brown's  Winchester  was  setting.  Mr.  Brown  took  in 
the  situation  at  a  glance  and  in  an  instant  stood  grasp- 
his  gun  while  the  White-caps  went  flying  out  the  door. 

The  writer  well  remembers  the  circumstance,  but  can- 
not now  recall  the  day  of  the  week,  but  it  must  have 
been  Friday  night,  at  least  it  was  an  unlucky  night 
for  White-caps. 


CHAPTER  XXXI. 

RETRIBUTIVE   JUSTICE. 

There  is  another  sad  death,  which,  by  some,  is  at- 
tributed to  the  whipping  of  old  Mrs.  Breeden.  And 
we  deem  it  proper  to  relate  it  in  this  connection. 

About  a  year  after  this  whipping,  William  Furgason 
was  found  dead  one  morning  in  his  father-in-law's 
barn.  He  had  a  bullet  hole  in  his  temple  and  a  pistol 
was  found  lying  by  his  side.  As  to  how  he  came  to 
his  death,  opinion  seems  to  be  about  equally  divided. 

His  relatives  and  close  friends  say  he  committed 
suicide.  While  many  of  his  neighbors  take  a  different 
view  of  it,  and  say  that  he  was  killed  in  a  White-cap 
raid. 

How  this  is,  the  writer  is  unable  to  say,  but  will 
give  both  versions,  and  leave  the  reader  to  draw  his 
own  conclusions. 

William  Furgason  was  a  bright  young  man,  but  un- 
fortuntely,  was  somewhat  addicted  to  drink. 

After  the  whipping  and  death  of  Mrs.  Breeden,  it 
seemed  as  though  life  held  no  special  inducements,  and 
death  no  terror  for  him.  His  once  happy  life  now 
seemed  to  be  shrouded  in  darkness.  His  smiling  face 
ceased  to  be  so  bright,  and  the  gay,  merry  life  of  the 
blithe  young  man,  had  seemingly,  come  suddenly  to 
an  end.  His  life  was  overshadowed.  He  was  living 
under  a  cloud.  He  was  down-cast  and  down-hearted, 
carrying  a  secret  in  his  bosom,  the  concealment  of 


1 92  THE   WHITE-CAPS. 

which  was  torturing  him,  yet  he  dared  not  reveal  it. 
He  was  sadly  in  need  of  sympathy.  To  enlist  the 
sympathy  of  his  friends  he  must  reveal  his  secret,  and 
disclose  the  facts  that  would  unvail  the  mistery  sur- 
rounding the  whipping  of  a  helpless  woman,  and 
connect  him  with  that  fatal  Saturday  night  tragedy. 
This  he  could  never  do,  as  it  would  not  only  incrimi- 
nate himself,  but  also  a  violation  of  the  White-cap 
oath.  To  violate  the  White-cap  oath  meant  certain 
death.  Thus  the  young  man  was  held  in  almost 
breathless  suspense.  He  must  go  through  life  with  his 
lips  sealed  forever,  guarding  a  secret  that  was  render- 
ing his  life  almost  intolerable. 

The  dreary  months  went  by,  the  clouds  overshadow- 
ing his  life  grew  darker  and  darker  as  time  slowly 
dragged  along.  Yet  he  still  guarded  his  secret,  hoping 
for  relief  from  some  source,  until  finally  hope  became 
a  torturing  suspense,  suspense  depened  into  dispair 
and  dispair  darkened  into  death.  He  at  last  ventured 
to  tell  a  friend  that  he  could  no  longer  endure  life  in 
this  country,  that  the  image  of  old  Mrs.  Breeden  was 
haunting  him  day  and  night.  When  he  would 
close  his  eyes  at  night  for  sleep,  instead  of  that  quiet 
gentle  repose  wafting  him  into  dreamland,  there  came 
floating  upon  the  breeze  the  image  of  old  Mrs.  Breeden, 
her  horrible  shrieks  and  pitious  cries  would  arouse  him 
from  an  unquiet  slumber,  and  he  could  see  he  care- 
worn face  just  as  it  appeared  to  him  on  that  fatal 
Saturday  night  when  she  begged  them  in  the  name  of 
high  heaven  to  spare  her  life. 

There  are  times  in  a  man's  life  when  it  seems  as 
though  all  the  sorrows  and  griefs  of  a  life  time  are  con- 


THE   WHITE-CAPS.  193 

densed  and  crowded  into  a  single  moment.  Such  was 
the  life  of  William  Furgason. 

He  suddenly  disappeared.  His  friends  knew  noth- 
ing of  his  departure.  In  a  few  days,  however,  he 
turned  up  at  his  brother's  home  in  Texas.  He  did  not 
tarry  long  in  Texas,  only  remaining  a  few  days.  The 
same  pitiful  cries  and  hideous  screams  that  had 
haunted  him  around  his  old  home  had  followed  his 
wandering  footsteps  on  his  long  journey  to  the  Lone 
Star  state,  and  were  still  overshadowing  his  life. 

As  stated  heretofore,  his  stay  in  Texas  was  of  short 
duration,  and  no  one  knew  of  his  intentions  to  return 
home  until  he  was  found  dead  in  the  barn  of  his 
father-in-law. 

His  father-in-law,  Mr.  Gilreath,  who  was  not  in 
any  way  connected  with  the  Whith-caps,  naturally 
supposed  that  he  had  committed  suicide,  which,  per- 
haps was  true.  'But  others  who  stand  in  a  position  to 
know,  say  positively  that  such  was  not  the  case.  They 
say  that  no  blood  was  found,  and  that  his  face  was 
not  black  with  powder,  and  his  hat,  also,  could  not  be 
found.  All  of  which  went  to  show  that  he  had  not 
committed  sucide. 

On  this  very  identical  night  a  White-cap  raid  was 
made  into  Nunn's  Cove  in  the  neighborhood  of  Fair 
Garden,  on  the  south  side  of  French  Broad  river,  and 
some  twelve  or  fifteen  miles  from  the  Furgason  home. 

It  was  customary  with  the  White-caps  when  any  one 
was  to  be  whipped  living  on  the  south  side  of  the 
river,  that  the  raiders  come  from  the  north  side  to  do 
the  whipping.  And  the  same  rule  applied,  as  far  as  it 
was  practical,  when  a  whipping  occurred  on  the  north 
side. 


194  THE  WHITE-CAPS. 

It  is  a  well  known  fact  that  James  Furgason,  brother 
of  William,  was  captain  and  leader  of  the  band  on  the 
north  side  of  the  river.  And  it  is  said  that  they  were 
out  in  full  force  on  the  night  of  the  whipping  refurred 
to  in  Nunn's  Cove. 

For  several  years  there  was  very  little  known  about 
this  raid  except  that  Catherine  Allen  was  whipped  and 
that  the  White-caps  were  fired  upon  while  standing  in 
her  yard  after  the  whipping.  The  White-caps  could 
not  afford  to  divulge  anything  concerning  this  affray, 
neither  could  the  parties  who  had  fired  upon  them.  It 
was  during  the  palmy  days  of  white-capism,  and  they 
realized  the  fact  that  their  lives  depended  on  a  still 
tongue.  They,  therefore,  guarded  their  secret  like  a 
miser  would  guard  his  gold. 

But  after  the  White-cap  band  was  broken  up  and 
their  organization  had  gone  to  pieces  they  were  no 
longer  afraid  to  talk,  and  the  writer  was  made  ac- 
quainted with  all  the  facts  and  circumstances  by  a 
detailed  account  from  both  the  men  who  participated 
and  by  a  visit  to  the  scene  of  the  conflict. 

Catherine  Allen  had  been  notified  by  the  White-caps 
that  she  would  be  waited  on  in  the  near  future.  Ac- 
cordingly, Dr.  J.  A.  Henderson  was  notified  of  the  fact 
and  preparations  were  made  to  intercept,  and,  if  possi- 
ble, capture  the  whole  band.  The  spy  in  the  White- 
cap  camps,  was  also,  to  go  along  in  order  that  he 
might  not  be  suspected,  and  to  fall  behind  at  a  certain 
point  designated  by  Dr.  Henderson.  Two  hundred 
yards  from  Catherine  Allen's  home,  the  road  is  dug  out 
from  the  side  of  a  hill.  On  the  east  is  a  number  of  large 
trees  standing  close  by  the  roadside,  large  enough 


THE  WHITE-CAPS.  195 

to  conceal  a  man  behind  each  one  of  them.  This  was 
the  point  selected  for  the  battle  ground.  Every  man 
was  to  stand  quietly  behind  a  tree,  gun  in  hand,  ready 
for  instant  action,  until  Dr.  Henderson  gave  the  com- 
mand to  the  White-caps  to  halt.  In  the  event  the 
command  was  not  instantly  obeyed  they  were  all  to 
fire  upon  them  at  once. 

This  plan  failed  because  the  spy  had  not  been  noti- 
fied until  late  in  the  evening  of  the  same  day  that  the 
whipping  was  to  take  place.  To  late  to  notify  Dr. 
Henderson  who  lived  ten  miles  away,  he  did,  however, 
notify  T.  O.  Caughron  who  lived  at  Fair  Garden,  in 
the  neighborhood  where  the  whipping  took  place. 

Caughron  was  a  man  who  did  not  fear  a  racket,  and 
although  he  sometimes  came  out  a  little  bit  disfigured, 
he  was  never  known  to  back  down.  He  had  long 
wished  for  an  opportunity  like  this,  and  when  it  came, 
determined  to  not  let  it  pass.  So  in  company  with  only 
one  other  man,  armed  with  Winchesters,  they  stealthily 
slipped  along  through  the  dense  forests,  avoiding  att 
public  roads,  and  finally  arrived  at  Catherine  Allen's. 
They  secreted  themselves  in  a  little  clump  of  bushes 
near  the  house  and,  in  breathless  silence,  waited 
patiently  for  the  attack.  It  was  their  intention  to 
fire  on  them  when  they  attempted  to  batter  down  the 
door,  but  the  White-caps  came  in  from  the  other  side 
of  the  house.  When  they  took  Catherine  Allen  out 
to  whip  her,  they  came  out  at  the  back  door  on  the 
side  where  Caughron  and  his  companions  were  wait- 
ing. But  they  could  not  fire  on  them  then  for  fear  of 
killing  the  woman.  They  finished  the  whipping, 
•which  was  an  unmerciful  one,  and  then  took  her  back 


196  THE   WHITE-CAPS. 

in  the  house  and  returned  to  the  back  yard  to  rejoin 
the  balance  of  the  band.  This  was  Caughron's  oppor- 
tunity and  at  the  same  instant  two  guns  fired  simul- 
taneously. A  number  of  shots  followed  in  quick  suc- 
cession. The  White-caps  were  taken  completely  by 
surprise  and  fired  only  one  volley,  and  then  fled  from 
the  scene  in  great  haste. 

The  two  men  concealed  in  the  bushes  lay  flat  on 
the  ground,  and  it  was  well  they  did  so.  Although 
the  night  was  dark  yet  the  White-caps  had  located 
them  by  the  flash  of  their  guns  and  took  good  aim. 
The  bushes  just  over  their  heads  were  literally  cut  to 
pieces  with  buckshot.  The  White-caps,  some  twenty- 
five  or  thirty  in  number,  having  been  put  to  flight  by 
only  two  men,  the  firing  ceased.  Early  the  next  morn- 
ing Catherine  Allen  picked  up  a  hat  with  a  bullet 
hole  in  it  which  was  found  lying  in  the  back  yard. 
She  still  has  possession  of  the  hat  to  this  day,  and  it  is 
believed  to  be  William  Ferguson's.  Hence  the  bullet 
that  went  crashing  through  his  brain  was  not  fired 
from  a  pistol  in  his  own  hands  but  from  a  Winchester 
in  the  hands  of  a  deadly  enemy. 

There  is  one  more  theory,  however,  offered  by  those 
who  believe  in  this  version  of  the  story. 

They  say  that  his  relatives  living  south  of  the  river 
were  making  preparations  by  sun-up  next  morning  to- 
attend  his  funeral,  long  before  it  was  known  in  his 
own  neighborhood  and,  therefore,  must  have  been 
notified  the  night  before. 


CHAPTER  XXXII. 

DETECTIVES    REEDER   AND   Me  CALL. 

It  would  be  highly  improper  if  some  space  in  this 
book  was  not  devoted  to  an  acknowledgement  of  the 
valuable  services  rendered  by  detectives  C.  A.  Reeder 
and  C.  W.  McCall,  in  the  location  of  witnesses  who 
from  fear  of  the  White-caps,  having  left  Sevier  County, 
were  concealing  their  identity  and  place  of  habitation 
in  order  to  successfully  avoid  processes  of  law  which 
would  compel  them  to  appear  as  witnesses  in  the 
Courts  of  Justice  and  reveal  facts  in  their  knowledge 
incriminating  members  of  the  White-cap  organization 
and  identifying  participants  in  the  many  flagrant  acts 
of  lawlessness  committed  by  them. 

As  stated  in  a  former  chapter,  deputy  sheriff  Davis, 
appreciating  the  original  methods  and  ingenuity  of 
these  two  officers  in  their  detective  work,  induced  them 
to  contribute  their  valuable  service. 

It  will  not  be  drawing  too  heavily  upon  the  credulity 
of  a  mercenary  age,  to  make  the  statement,  that  these 
officers  were  actuated  more  by  a  desire  to  uphold  the 
majesty  of  the  law  and  bring  to  judgment  the  guilty 
parties,  than  to  secure  any  part  of  a  reward  which 
might  possibly  be  offered  for  their  conviction. 

The  brutality  exhibited  in  the  Whaley  murder  ap- 
pealed to  the  sympathy  of  every  law-abiding  citizen, 
and  to  the  manhood  of  every  officer  of  the  law  who 
witnessed  the  ghastly  spectacle  or  were  acquainted 
with  the  horrible  details. 


198  THE  WHITE-CAPS. 

It  was  the  brutal  manner  in  which  the  Whaley 
murder  was  committed  which  inspired  so  much  terror, 
and  drove  from  the  county  citizens  who  could  furnish 
convincing  evidences  of  guilt  but  who,  fearing  the 
same  fate  as  the  Whaleys',  felt  all  the  terrors  and 
tortures  of  criminals  from  justice. 

Many  of  these  witnesses  had  located  in  Knoxville. 
A  plan  of  work  was  agreed  upon,  and  the  result  was 
not  only  a  conviction  of  Pleas  Wynn  and  Catlett  for 
this  murder  but  other  convictions  have  preceeded 
and  others  will  follow  this  one. 

C.  A.  Reeder  is  now  the  efficient  chief  of  the  Police 
force  of  Knoxville,  Tenn.,  while  C.  W.  McCall  is  mak- 
ing a  reputation  as  U.  S.  deputy  marshall. 


CHAPTER  XXXIII. 

TRIAL   OP   W.  R.   CATLETT   AT   MORRISTOWN. 

Inasmuch  as  Bob  Catlett  has  been  referred  to  in 
former  chapters  of  this  book  as  being  the  leading  spirit 
which  prompted  the  Whaley  murder,  it  is  thought  not 
improper,  before  closing  this  book,  to  give  its  readers 
a  short  history  of  his  recent  trial  at  Morristown,  Tenn., 
he  having  been  charged  and  indicted  as  an  accessory 
before  the  fact  for  hiring  and  procuring  Pleas  Wynn 
and  Catlett  Tipton  to  murder  William  and  I,aura 
Whaley. 

No  crime  ever  committed  in  the  county  has  caused 
such  popular  indignation  as  this  one.  It  has  now  been 
over  two  years  since  its  commission,  and  public  senti- 
ment, which  was  at  once  directed  toward  Pleas  Wynn, 
Catlett  Tipton  and  Bob  Catlett,  has  never  changed  or 
abated  in  the  least ;  but,  on  the  contrary,  it  has  in- 
creased and  become  more  intensified  as  time  passed  on 
and  new  discoveries  and  additional  developments  have 
been  made. 

Indeed,  so  intense  has  become'the  sentiment  in  Sevier 
county  against  Bob  Catlett,  that  at  the  November  term, 
1898,  of  the  circuit  court  at  Sevierville,  Catlett,  through 
his  counsel,  applied  for  and  obtained  a  change  of  venue 
from  Sevier  to  Hamblen  county,  on  the  ground,  as  set 
forth  in  his  sworn  petition,  that  he  could  not  get  a  fair 
trial  in  Sevier  county,  so  bitter  was  the  feeling  against 
him  in  that  county. 


200  THE   WHITE- CAPS. 

This  was  no  doubt  true,  and  Judge  Nelson  granted 
the  change  and  directed  the  papers  and  proper  tran- 
scripts to  be  transmitted  to  Morristown,  where  the  case 
stood  for  trial  at  the  December  term,  1898,  of  the  circuit 
court  of  Hamblen  county.  At  that  term  the  State 
announced  ready  for  trial,  but  the  defense  was  not 
ready,  and  presented  the  usual  affidavit  and  made  a 
strong  effort  to  have  the  case  continued  till  the  next 
regular,  term  the  fourth  Monday  in  April,  1899,  stating 
specially  in  his  affidavit  that  "  he  could  not  get  ready 
to  tr}T  in  thirty  days." 

Judge  Hicks  did  not  force  the  defendant  into  trial 
then,  but  refused  to  continue  until  the  regular  April 
term,  as  requested  by  the  defense.  By  order  of  the 
presiding  judge,  a  special  term  was  ordered  to  be  held 
on  the  first  Monday  of  February,  1899,  for  the  trial  of 
this  case. 

For  a  special  reason  the  state  was  wanting  an  early 
trial  of  the  case  against  Catlett,  and  for  the  same 
reason  the  attorneys  for  the  defense  were  vigorously 
opposing  an  early  trial.  It  was  this  :  The  cases  against 
Pleas  Wynn  and  Catlett  Tipton  had  been  affirmed  by 
the  supreme  court  in  November  and  they  were  sen- 
tenced to  hang  on  the  fourth  day  of  January,  1899,  at 
Sevierville.  It  was  understood  at  this  time  that  Wynn 
and  Tipton  had  decided  to  make  a  full  confession  of 
the  murder  and  that  it  implicated  Bob  Catlett  as  an 
accessory  to  the  crime. 

In  this  view  of  it  the  state  wanted  the  testimony  of 
Wynn  and  Tipton  against  Catlett  on  his  trial,  while 
the  latter  was  more  anxious  not  to  have  them  and 
hoped  to  secure  a  continuance  to  a  date  after  the  exe- 


DETECTIVE   C.    A.    KEEDER. 
(Now  Chief  of  Police,  Knoxville,  Tenn.) 


THE   WHITE-CAPS.  2OI 

cution  of  Wynn  and  Tipton,  at  which  time  their  testi- 
mony could  not  be  used  against  him. 

It  is  true  that  the  sixth  day  of  February,  the  date 
fixed  for  the  special  term  to  try  Catlett,  was  a  little 
over  a  month  after  the  day  fixed  for  the  execution  of 
Wynn  and  Tipton,  but  the  State's  officers  felt  confi- 
dent that  they  could  secure  a  respite  from  the  Gov- 
ernor for  a  sufficient  length  of  time  to  use  Wynn  and 
Tipton  as  witnesses  at  the  special  term,  while  they 
were  not  certain  that  a  respite  could  be  obtained 
extending  beyond  a  regular  term.  The  State  in  this 
carried  both  points.  That  is,  it  secured  a  special  term 
and  obtained  a  respite  of  time  for  the  witnesses  ex- 
tending from  January  the  4th  to  April  the  5th  next,  at 
which  latter  date  they  will  be  hanged  unless  there  is 
further  interference  on  the  part  of  the  Governor. 

The  postponement  which  was  asked  for  and  granted 
by  Governor  Taylor  was  solely  for  the  purpose  of  using 
Wynn  and  Tipton  for  witnesses  against  Catlett,  that 
justice  might  be  meted  out  to  others,  and  not  as  a  favor 
to  Wynn  and  Tipton  nor  because  it  was  asked  by  them 
or  their  friends.  It  was  an  act  on  the  part  of  the 
Governor  which  was  almost  universally  commended 
by  the  people,  believing  as  they  did  that  the  informa- 
tion which  would  be  forthcoming  from  Pleas  Wyun 
and  Catlett  Tipton  would  throw  new  light  on  one  of 
the  bloodiest  tragedies  ever  perpetrated  in  the  state  of 
Tennessee. 

On  the  6th  of  February  the  case  of  Catlett  was 
called  for  trial  by  his  Honor  Judge  Hicks  at  Morris- 
town,  and  the  State  announced  ready  for  trial.  The 
defendant,  by  affidavit,  asked  for  a  further  continuance, 


202  THE  WHITE- CAPS. 

on  the  ground  that  certain  witnesses  were  not  present 
and  that  he  could  not  safely  go  to  trial  without  them. 
This  motion  was  overruled  by  the  court  and  a  jury 
ordered  empaneled  to  try  the  case.  Only  a  few  hours 
were  occupied  in  securing  a  jury,  and  on  the  morning 
of  the  second  day  the  State  began  to  introduce  testi- 
mony. 

Ivizzie  Chandler,  an  eye  witness  to  the  killing  and  a 
sister  of  Mrs.  Whaley,  one  of  the  murdered  people, 
was  the  first  witness  introduced  on  the  part  of  the 
State.  She  told  the  same  story  as  heretofore  detailed 
in  a  previous  chapter  about  two  men  breaking  the 
door  down  and  rushing  into  the  Whaley  house  on 
the  night  of  December  28th,  1896,  about  7:30  o'clock, 
and  shooting  William  Whaley  first  and  then  almost 
instantly  turning  and  shooting  his  wife,  Laura  Whaley, 
both  of  whom  died  instantly,  without  ever  speaking. 
The  cruel  intruders  then  retracing  their  steps  left  the 
house,  with  only  the  witness  and  the  infant  babe  of 
the  murdered  woman  left  to  tell  the  awful  story.  The 
witness  identified  Pleas  Wynn  as  one  of  the  men,  but 
could  not  identify  Tipton  further  than"  to  say  he  in  a 
general  way  filled  the  description  of  the  other  man. 

After  another  witness  or  two  were  called  and  exam- 
ined by  the  state,  the  two  condemned  men,  Pleas 
Wynn  and  Catlett  Tipton,  were  then  introduced  for 
the  state  and  told  in  detail  the  blood-curdling  story  of 
the  murder  of  the  Whaleys  and  the  plot  that  was  set 
on  foot  and  carried  out  for  that  purpose. 

Inasmuch  as  a  full  confession  of  these  two  accom- 
plices in  this  crime  has  not  yet  been  published,  we 
deem  it  not  inappropriate  to  insert  at  this  place  what 
we  can  vouch  for  to  our  readers  as  being  a  substantial 


THE;  WHITE-CAPS.  203 

but  not  a  "verbatim  statement  of  these  two  parties  as 
told  by  them  in  this  trial  upon  the  witness  stand. 

CONFESSION   OF  PLEAS  WYNN. 

"  I  know  when  the  Whaleys  were  killed  in  Sevier 
county  in  December,  1896.  I  was  living  then  in  Sevier- 
ville,  some  two  miles  from  the  Whaley  house.  About 
dark  on  the  night  of  the  killing,  Catlett  Tipton  and  I 
met  by  agreement  at  Ben  Bailey's  house  in  Sevierville. 
From  there  we  went  to  Bailey's  shop,  where  Tipton 
worked.  There  Tipton  got  his  shot  gun  out  of  a  tool 
chest  and  he  and  I  went  down  the  bank  of  the  west 
fork  of  Pigeon  river  to  the  junction  of  the  two  rivers. 
There  we  crossed  the  bridge  over  the  east  fork  of  the 
river  and  went  down  the  north  side  of  the  river,  along 
the  bank,  till  we  got  even  with  the  Whaley  house.  We 
went  up  the  hollow  to  within  about  twenty  yards  of  the 
house,  and  then  hearing  some  parties  talking  in  the 
house  we  stopped,  and  after  waiting  a  short  time  one  of 
us  coughed  or  made  a  noise.  Immediately  John  Whaley, 
brother  of  William  Whaley,  came  out  with  a  pine 
torch  and  went  to  the  crib  near  by  and  did  some  nail- 
ing about  the  door,  went  back  to  the  house,  and  in  a 
few  minutes  left  and  went  down  the  hollow  toward 
where  he  lived,  a  few  hundred  yards  away.  Then 
Tipton  and  I  masked  ourselves  and  went  to  the  door  of 
William  Whaley 's  house,  broke  it  open  and  entered. 

"  William  Whaley  and  wife  were  in  the  first  bed  on 
the  right  as  we  entered,  and  some  one  else  I  did  not 
know  was  in  another  bed.  William  Whaley  jumped 
out  of  bed  on  the  floor  and  said  : 

"  '  Have  you  come  to  kill  us  ?  Do  anything  else  you 
want  to  with  us,  but  don't  kill  us.' 


204  TH®   WHITE-CAPS. 

"  L,aura  Whaley  got  out  of  bed  with  her  baby  in  her 
arms  and  went  over  toward  the  other  bed,  saying  she 
wanted  to  give  her  baby  to  her  sister.  She  gave  it  to 
some  one  who  covered  up  her  head. 

"About  this  time,  Catlett  Tipton  shot  William 
Whaley,  who  fell  on  the  floor,  and  in  another  moment 
he  shot  Laura  Whaley,  who  had  turned  to  where  her 
husband  was  standing  when  shot.  She  fell  near  him 
on  the  floor.  Neither  of  the  parties  spoke  after  the}' 
were  shot.  Tipton  had  a  double-barrel  shot  gun, 
No.  1 2,  and  I  had  a  No.  44  Smith  &  Wesson  pistol.  I 
did  not  fire  a  shot.  We  turned  and  walked  out  of  the 
house  without  having  spoken  a  word  after  we  entered 
it. 

"  We  next  went  directly  back  to  Sevierville,  crossing 
the  ridges  by  a  path  leading  east  of  Capt.  Wynn's  and 
into  the  road  near  J.  W.  Andes.  At  the  lower  end  of 
Sevierville,  at  the  bridge,  Tipton  and  I  separated,  he 
going  to  Bailey's  shop,  as  he  said,  and  I  going  to  O.  L. 
Montgomery's  in  the  upper  end  of  town.  I  asked 
Montgomery  if  he  was  going  fishing  with  us  and  he 
said  no,  that  he  was  sick  and  could  not  go.  I  also 
asked  the  time  of  night  and  ascertained  that  it  was 
nearly  nine  o'clock. 

"  I  went  back  down  in  town  and  met  Tipton  on  the 
old  court  house  square  near  the  Mitchell  corner.  From 
there  we  went  to  Mark  McCowan's,  a  half  a  mile  below 
town,  called  him  out  and  asked  him  to  go  fishing  with 
us.  He  and  his  family  were  sick  and  he  could  not  go. 
We  got  his  canoe  and  went  down  the  river  a  short 
distance  below  his  house  and  cast  two  dynamites  into 
the  river  and  caught  six  fish — five  suckers  and  one 


THE   WHITE-CAPS.  205 

salmon.  I  took  the  suckers  and  Tipton  the  salmon 
and  we  returned  to  Sevierville.  The  town  clock  struck 
nine  while  we  were  talking  to  McCowan  and  ten  just 
before  we  got  back  to  town  after  the  fishing.  I  stayed 
at  home  the  rest  of  the  night. 

"  I  was  well  acquainted  with  the  situation  about  the 
Whaley  house.  It  was  on  my  father's  farm,  and  I 
lived  in  the  house  about  two  years  myself.  I  knew 
William  Whaley  tolerably  well,  and  I  knew  his  wife 
when  I  saw  her.  I  never  had  any  trouble  with  either 
of  them  nor  ill  will  against  them.  Neither  of  them 
ever  did  me  any  harm,  so  far  as  I  know. 

"  I  know  the  defendant,  Bob  Catlett.  Have  known 
him  nearly  all  my  life.  I  saw  him  on  the  morning 
before  the  Whaleys  were  killed.  He  came  into  Sevier- 
ville with  some  horses  and  went  to  Loveday's  stable 
and  put  them  up.  I  met  him  in  the  street  and  went 
to  the  stable  with  him.  From  there  we  went  to  M.  R. 
Rawling's  saddle  shop,  where  I  helped  Catlett  fix  his 
saddle  girth.  We  were  there  some  little  time.  No 
one  was  with  us.  We  then  went  to  Fred  Emert's 
store,  then  to  Trotter's  hardware  store,  next  to  John 
Yett's  store,  and  finally  to  West  Emert's  store,  trying 
to  buy  a  certain  kind  of  whip  that  Catlett  wanted.  I 
went  to  W.  R.  Montgomery's  office  and  tried  to  get 
one  from  him,  as  he  had  what  Catlett  wanted. 

"  We  then  returned  to  L,oveday's  stable,  where 
Catlett's  horses  were.  While  there,  Catlett  took  me 
back  into  the  stable  in  a  side  room,  and  there  he  men- 
tioned to  me  the  first  time  about  putting  the  Whaleys 
out  of  the  way.  He  asked  me  if  I  had  had  a  talk  with 
Catlett  Tipton  lately,  and  if  I  had  agreed  to  go  to  a 


206  THE   WHITE-C*APS. 

certain  place  with  him.  I  told  him  I  had  talked  with 
him  and  had  agreed  to  go.  He  told  me  he  had  agreed 
to -pay  Tipton  fifty  dollars  to  kill  the  Whaleys,  pay  his 
lawyer's  fees  and  keep  Ihim  out  of  jail  if  anything 
should  be  found  out  on  him.  He  said  that  Whaley 
and  his  wife  were  witnesses  against  him  and  he  wanted 
them  killed  so  they  could  not  testify  against  him,  and 
he  wanted  it  done  that  night,  while  he  was  away,  so 
he  would  not  be  suspected  and  could  prove  where  he 
was.  He  left  Sevierville  with  four  horses,  about 
twelve  o'clock,  I  think,  saying  he  was  going  to  Rolen's 
that  night. 

"I  saw  J.  M.  Catlett,  brother  of  Bob  Catlett,  that 
same  evening.  He,  Tipton  and  myself  had  a  talk  at  a 
blacksmith  shop  near  the  old  jail  place  in  Sevierville 
that  evening.  No  one  else  was  present.  Catlett  said 
that  Bob  had  left  fifty  dollars  with  him  to  be  paid 
when  the  Whaley 's  were  put  out  of  the  way.  Jim 
Catlett  was  drinking  that  evening.  The  second  day 
after  the  killing,  as  I  now  remember,  Tipton  paid  me 
twenty-five  dollars.  This  is  all  I  ever  got  for  the  part 
I  took  in  that  murder. 

"  I  was  arrested,  tried  and  convicted  with  Tipton  for 
the  killing  of  the  Whaleys.  We  appealed  our  case  to 
the  supreme  court  and  there  it  was  affirmed." 

On  cross-examinaticn,  Wynn  stated  that  he  was  now 
confined  in  the  Knox  county  jail  and  had  been  for 
some  time,  awaiting  the  date  of  his  execution.  He 
was  a  witness  for  himself  in  his  own  trials  and  had 
sworn  he  did  not  have  any  hand  in  killing  the 
Whaleys  and  did  not  know  who  did  ;  that  testimony 
was  all  false :  he  made  those  statements  to  get  out  of 


THE   WHITE-CAPS.  207 

trouble  and  to  save  his  life.  He  had  made  a  partial 
confession  in  the  Knoxville  jail  some  time  ago,  but 
never  authorized  it  published.  It  was  partly,  but  not 
altogether,  true.  He  decided  to  make  a  full  and  true 
confession  of  the  whole  matter  about  the  last  of 
December,  1898,  at  the  request  and  in  the  presence  of 
his  wife  and  a  minister  of  the  gospel,  and  that  is  the 
statement  he  now  had  made  to  the  court  and  jury.  It 
was  true  that  no  promise  had  been  made  to  him  by 
any  one  as  an  inducement  to  make  it.  It  was  purely 
a  voluntary  statement. 

He  could  not  say  that  he  now  had  any  hope  of 
escaping  the  sentence  of  death  pronounced  against 
him. 

CONFESSION   OF  J.    CATLETT  TIPTON. 

"  I  was  born  and  raised  in  Sevier  county ;  am  about 
38  years  old.  In  December,  1896,  I  was  living  about 
two  miles  from  Sevierville,  but  was  at  that  time  stay- 
ing with  Ben  Bailey,  my  brother-in-law,  and  working 
in  the  blacksmith  shop  with  him.  I  know  the  defen- 
dant, Bob  Catlett  and  have  known  him  pretty  much 
all  my  life. 

"  On  the  Saturday  evening  that  the  November  term 
of  the  circuit  court  adjourned,  Bob  Catlett  came  to  me 
and  said  he  wanted  to  have  a  talk  with  me.  We 
went  into  Fred  Emert's  store  and  upstairs  into  a  back 
room.  He  there  told  me  that  William  Whaley  and 
wife  had  gone  before  the  grand  jury  at  that  term  of 
court  and  had  indicted  him  and  Bob  Wade,  his  brother- 
in-law,  for  shooting  into  Walter  Maples'  house.  He 
said  he  wanted  them  put  out  'of  the  way  and  would 
give  one  hundred  dollars  to  kill  them,  that  he  wanted 


208  THE   WHITE-CAPS. 

to  make  an  example  of  them  to  teach  people  that  they 
could  not  swear  against  him.  I  told  him  I  did  not 
want  to  do  it  and  would  not  do  it.  This  was  about 
all  that  occurred  there,  and  we  went  out  of  the  store. 
Bob  Wade  was  present  during  this  conversation. 

"  There  was  a  meeting  of  an  Odd  Fellows  lodge 
that  Saturday  night  at  Pigeon  Forge,  about  eight 
miles  above  Sevierville.  Wm.  Wynn,  Jesse  Atchley 
and  I  went  to  it,  leaving  Sevierville  that  evening.  I 
went  in  a  buggy  with  Wm.  Wynn,  I  think.  Some 
time  after  the  lodge  had  been  in  session.  Bob  Catlett 
and  Bob  Wade  came  in.  That  is  the  first  time  I  ever 
knew  Catlett  or  Wade  in  that  lodge  and  have  never 
seen  them  there  since.  It  was  about  fourteen  miles 
from  there  to  where  Catlett  lived.  As  we  were  return- 
ing from  the  lodge  that  night,  I  stopped  on  the  road 
near  Henderson's  Island  at  a  turnip  patch  and  got 
some  turnips  and  distributed  them  among  the  crowd. 

"  There  were  several  along,  including  Bob  Catlett, 
Bob  Wade,  Arthur  Seaton,  Schuyler  Atchley,  Jesse 
Atchley  and  Wm.  Wynn.  Wade  and  Catlett  were 
riding  horse-back,  and  when  ready  to  leave  the  turnip 
patch,  Bob  Catlett  suggested  to  Wade  that  he  take  my 
seat  in  the  buggy  and  for  me  to  get  on  Wade's  horse, 
as  he  wanted  to  talk  with  me.  This  change  was 
accordingly  made  and  I  rode  from  there  to  Rambo's 
lane,  about  three  miles,  with  Bob  Catlett. 

"  On  this  trip  he  again  brought  up  the  subject  of 
the  Whaleys  and  renewed  his  proposition  to  me  to  put 
them  out  of  the  way  for,  him.  I  told  him  I  did  not 
want  to  do  it,  but  before  leaving  me  near  the  Rambo 
lane,  he  handed  me  an  envelope  and  said  for  me  to 


THE   WHITE-CAPS.  2OQ 

take  it  and  that  it  was  mine  when  the  Wbaleys  were 
put  out  of  the  way. 

• '  I  took  the  package  and  went  on  home  alone  from 
that  point.  I  examined  the  contents  of  the  envelope 
and  found  it  consisted  of  four  twenty  dollar  bills  and 
one  twenty  dollar  gold  piece.  I  kept  the  money  until 
the  next  Wednesday  evening,  and  then  I  took  it  to 
Yett's  store  in  Sevierville  and  gave  it  to  J.  R.  Yett 
and  told  him  to  put  it  in  his  safe  for  me  a  short  time. 
I  let  it  stay  there  until  Friday  following,  when  I  got 
it  and  gave  it  back  to  Bob  Catlett,  saying  to  him  at 
the  time  that  I  had  decided  not  to  do  the  job  and 
returned  his  money.  Catlett  replied  that  he  was  glad 
of  it  for  he  could  get  it  done  for  one-half  of  that 
amount. 

"  It  was  not  long,  however,  until  Catlett  returned  to 
to  me  again  and  began  to  beg  me  to  comply  with  his 
wishes  by  putting  the  Whaleys  out  of  the  way.  I 
guess,  in  all,  he  must  have  come  to  me  some  twelve 
or  fifteen  different  times,  and  I  at  last  consented  to 
kill  the  Whaleys  for  him,  for  which  he  agreed  to  pay 
me  fifty  dollars,  and,  if  I  got  into  any  trouble  over  it, 
he  was  to  pay  my  attorney's  fees  and  keep  me  out  of 
jail  by  making  bond  for  me.  On  one  occasion  I  told 
Catlett  I  had  spoken  to  Pleas  Wynn  to  go  with  me 
and  that  he  had  agreed  to  go.  He  asked  me  if  I 
thought  Pleas  would  be  all  right  and  I  told  him  I  did. 
It  was  agreed  that  Catlett  should  go  south  with  some 
stock  and  that  the  Whaleys  should  be  killed  while  he 
was  gone,  in  order  that  he  might  not  be  suspicioned. 

"  Catlett  went  through  Sevierville  on  Monday  morn- 
ing, the  28th  of  December,  1896,  with  some  horses,  and 
as  he  was  going  out  of  Sevierville,  near  the  upper  end 


210  THE   WHITE-CAPS. 

of  town  and  about  opposite  the  Southern  Methodist 
church,  I  met  him  and  helped  him  straighten  out  one 
of  his  horses.  While  there  he  said  to  me  : 

"  '  Be  certain  and  attend  to  that  job  tonight  ! ' 

"  Jim  Catlett,  a  brother  of  Bob,  told  me  that  even- 
ing that  Bob  had  left  the  money  with  him  to  pay  for 
killing  [the  Whaleys,  whenever  the  work  was  done, 
and  that  he  (Jim)  would  pay  the  money.  This  talk 
was  had  in  the  presence  of  Pleas  Wynn  near  the  old 
jail  place  in  Sevierville. 

"That  night,  the  28th  of  December,  1896,  Pleas 
Wynn  and  I  by  agreement  met  at  Ben  Bailey's,  in 
Sevierville,  and  about  dark  we  left  there,  going  first 
to  Bailey's  shop  near  the  bank  of  the  west  fork  of 
the  Pigeon  river.  There  I  got  my  shot  gun  out  of 
my  tool  chest,  together  with  some  cartridges.  Leaving 
the  shop,  we  went  down  the  bank  of  said  river  to  the 
point  or  junction  of  the  two  rivers,  and  crossing  the 
bridge  over  the  east  fork  of  the  river  we  proceeded 
down  the  bank  of  said  river  on  the  north  side  to  the 
Capt.  Wynn  farm.  When  we  got  even  with  the 
Whaley  house,  we  left  the  river  and  went  up  the  hol- 
low to  where  the  Whaleys  lived.  We  stopped  a  short 
distance  from  the  house.  We  saw  a  light  in  the  house 
and  heard  some  one  talking  within.  Wynn,  as  I  now 
remember,  made  a  noise  by  coughing  and  a  man  who 
I  suppose  was  John  Whaley  came  out  with  a  light  and 
did  some  fixing  about  the  crib  door.  He  returned  to 
the  house,  and  in  a  short  time  left. 

"  Wynn  and  I  then  masked  ourselves  heavily  and 
proceeded  to  the  house,  where  the  door  was  bursted 
open  and  we  entered  the  house.  I  had  my  shot  gun 
and  Wynn  had  a  pistol.  I 'there  killed  both  Whaley 


THE   WHITE-CAPS.  211 

and  his  wife  by  shooting  them  in  the  head.  I  never 
spoke  to  anyone  after  I  entered  the  house,  nor  did 
either  William  or  Laura  Whaley  speak  after  ,they  were 
shot,  to  my  knowledge.  I  reloaded  my  gun  and  then 
Wynn  and  I  returned  to  Sevierville. 

"  We  did  not  return  as  we  went,  but  took  a  nearer 
route  across  the  ridges,  coming  into  the  road  near 
where  the  Andes  boys  live,  just  below  Sevierville.  I 
took  my  gun  back  to  the  shop  and  put  it  in  the  tool 
chest  and  got  some  dynamite  I  had  there  and  met 
Pleas  Wynn  near  the  Mitchell  corner  in  town.  He 
said  he  had  been  to  Otis  Montgomery's. 

"  From  there  we  went  to  Mark  McCowan's,  a  half- 
mile  below  town,  called  him  out,  talked  to  him  awhile 
and  asked  him  to  go  fishing  with  us,  but  he  declined, 
saying  his  folks  were  sick.  We  got  his  canoe  and  went 
down  the  river  a  short  distance  and  dropped  two  sticks 
of  dynamite  in  the  river.  The  result  was  we  got  six 
fish — one  salmon  and  five  suckers.  We  took  the 
canoe  back  to  the  bank  and  left  it  where  McCowan 
told  us  to.  Before  leaving  the  canoe  we  there  burned 
our  masks.  We  then  went  on  to  Sevierville,  where 
we  divided  the  fish,  he  taking  the  five  suckers  and  I 
the  salmon.  I  went  to  Ben  Bailey's,  where  I  boarded, 
and  went  to  bed,  and  I  suppose  Wynn  went  home. 

"I  was  barely  acquainted  with  Wm.  Whaley; 
knew  him  when  I  saw  him.  I  never  saw  Laura 
Whaley  until  the  night  she  was  killed.  I  never  had 
had  any  trouble  with  either  one  of  them,  and  had  no 
ill  will  or  malice  toward  them. 

"  Jim  Catlett  came  to  Sevierville  the  next  day  after 
the  Whaleys  were  killed  and  paid  me  the  fifty  dollars, 


212  THE   WHITE-CAPS. 

according  to  agreement,  and  on  the  following  day  (I 
think  it  was)  I  gave  Pleas  Wynn  half  of  it. 

"  When  I  gave  the  package  of  money  to  J.  R.  Yett 
to  deposit  in  his  safe  for  me,  Wm.  Marshall  and  Miller 
Yett  were  present,  and  when  I  took  it  away  George 
Nichols  and  one  or  two  others  were  present.  I  never 
deposited  money  or  anything  else  with  J.  R.  Yett  & 
Co.  at  any  other  time,  to  my  recollection." 

On  cross-examination,  Tipton  in  answer  to  questions 
from  Mr,  McSween  said  : 

"  I  am  now  and  have  been  for  a  good  while  confined 
in  the  Knoxville  jail.  I  swore  some  three  or  four 
times  when  on  trial  myself  that  I  did  not  kill  the 
Whaleys  and  that  I  did  not  know  who  did ;  that  if 
Bob  Catlett  had  anything  to  do  with  it  I  did  not  know 
it.  But  that  was  false  ;  I  swore  it  to  save  my  life  and 
to  get  out  of  my  trouble,  if  I  could.  I  have  not  been 
promised  anything  nor  given  to  understand  that  my 
sentence  would  be  commuted  if  I  would  make  a  state- 
ment implicating  Bob  Catlett  in  the  murder  of  the 
Whaleys.  I  was  advised  by  my  friends  that  if  I  knew 
anything  about  the  Whaley  murder  I  ought  to  tell  it, 
and  I  decided  a  short  time  ago  that  I  would  tell  the 
whole  story  as  I  knew  it,  and  this  I  have  done  on  tne 
witness  stand  today.  It  is  the  truth." 

The  state  introduced  a  large  number  of  witnesses 
corroborating  the  testimony  of  both  Wynn  and  Tipton, 
and  witnesses  showing  threats  of  Bob  Catlett  against 
the  Whaleys,  prior  to  the  time  they  were  killed.  The 
state  then  rested. 

The  defense  opened  their  case  by  putting  the  defen- 
dant on  the  stand,  who  promptly  denied  all  statements 


THE   WHITE-CAPS.  213 

and  incriminating  testimony  of  both  Wynn  and  Tip- 
ton.  He  also  denied  making  threats  against  the 
Whaleys,  but  he  [admitted  that  he  and  Bob  Wade 
were  in  Sevierville  on  the  Saturday  evening  that 
court  adjourned,  when  Tipton  says  he  talked  with 
them  in  Emert's  store,  and  also  that  they  went  to 
Pigeon  Forge  lodge  that  night.  He  does  not  deny 
being  with  Pleas  Wynn  at  Loveday's  stable  and  other 
places  on  the  morning  before  the  killing,  but  denied 
talking  to  him  about  the  killing  of  the  Whaleys.  The 
above  substantially  was  his  statement. 

J,  M.  Catlett  and  Bob  Wade,  both  of  whom  are  im- 
plicated in  the  murder,  denied  all  statements  affecting 
them  in  any  way  as  was  expected. 

This  was  about  all  the  testimony  introduced  on  the 
part  of  the  defense  and  amounted  to  a  simple  denial  of 
the  charges. 

J.  M.  Catlett  admitted  that  he  was  in  Sevierville  the 
next  day  after  the  killing,  but  denied  that  he  paid 
Catlett  Tipton  fifty  dollars,  or  any  other  amount  that 
day,  as  Tipton  swore  he  paid.  Catlett  denied  that  he 
had  that  much  money  that  day,  and  denied  that  he  got 
any  at  the  bank  that  day. 

The  defense  then  closed  it  case,  and  the  state  intro- 
duced A.  T.  Marshall,  assistant  Cashier  of  the  Bank_o 
Sevierville,  on  rebuttal  to  the  evidence  of  J.  M.  Catlett, 
who  testified  that  he  paid  said  J.  M.  Catlett  on  that 
day,  the  29th.  of  December,  fifty  dollars,  and  the  bank 
books  so  showed  it.  With  this  the  state  closed  its 
case,  Thursday  at  12  o'clock. 

It  is  proper  to  announce  here,  that  in  this  famous 
trial,  the  state  was  represented  by  Att'y.  Gen.  G.  M. 


214  THE   WHITE- CAPS. 

Henderson,  J.  R.  Penland,  Esq.,  of  Sevierville;  Hollo- 
way  and  Hodges,  of  Morristown  ;  and  Gen.  J.  C.  J. 
Williams,  of  Knoxville.  While  the  defendant  was 
represented  by  W.  J.  McSween,  of  Newport ;  Hon. 
Geo.  I*.  Zirkle  and  Mullendore  &  Son,  of  the  Sevier- 
ville bar ;  Shields  &  Mountcastle,  and  W.  S.  Dixon, 
Esq.,  of  the  Morristown  bar.  The  argument  was 
limited  to  three  speeches,  and  four  hours  of  time  to 
each  side. 

The  states'  case  was  opened  in  a  two  hours  argu- 
ment by  J.  R.  Penland,  Esq.,  with  a  strong  presenta- 
tion of  the  facts  showing  a  thoroughness  in  detail 
seldom  observed  in  a  great  law-suit  like  this.  His 
speech  was  an  agreeable  surprise  to  many,  and  freely 
commented  upon  as  being  not  only  fair,  but  able  and 
aggressive  in  its  presentation. 

This  argument  was  followed  by  Judge  John  K. 
Shields,  who  opened  the  case  for  the  defense.  Judge 
Shields  is  one  of  the  ablest  and  best  known  lawyers  in 
East  Tennessee.  He  presented  the  law  and  the  rules 
governing  the  trial  of  cases  of  this  sort,  and  made 
an  able  argument  on  the  facts,  closing  with  a  strong 
appeal  to  the  Jury  for  the  life  of  the  defendant.  His 
able  speech  was  no  surprise  to  those  who  knew  him 
and  did  not  lessen  their  opinion  of  him  as  a  great 
lawyer. 

Hon.  John  B.  Holloway  presented  in  an  able  manner 
the  law  of  the  case  for  the  state,  and  made  an  earnest 
and  dignified  argument  in  support  of  the  prosecution. 
It  was  free  from  objections,  and  strictly  within  the 
record,  showing  not  only  the  ability,  but  the  fairness 
of  the  man  who  made  it. 


THE  WHITE-CAPS.  215 

The  second  speaker  for  the  defense,  was  W.  S.  Dixon, 
Esq.,  a  Jury  lawyer  of  recognized  ability  in  Tennessee, 
who  made  an  able  and  persuasive  argument  in  favor  of 
his  client.  His  argument  was  clear  cut,  and  showed 
the  lawyer  at  every  stage  of  its  presentation. 

But  the  principle  argument  for  the  defense  was  per- 
haps made  by  Mr.  McSween,  of  Newport.  McSween 
had  been  connected  with  the  case  as  Catlett's  counsel 
from  the  time  he  was  first  arrested,  and  hence  was  famil- 
iar with  the  case  from  its  inception,  and  was  also  counsel 
for  Wynn  and  Tipton.  He  spoke  for  nearly  two  hours, 
and  his  style  and  manner  was  bold  and  aggressive  in 
the  extreme.  His  attack  on  state  witnesses  was 
terrific,  and  especially  was  this  so  in  reference  to  Wynn 
and  Tipton,  the  confessed  principals  in  the  murder. 
His  speech  may  have  caught  the  ear  of  the  jury,  but 
it  was  certainly  too  extreme  to  meet  a  favorable 
response  from  the  large  audience  present,  and  particu- 
larly those  who  had  heard  the  evidence  in  the  case. 
His  effort  was  a  supreme  one,  and  from  the  premises 
assumed  by  him,  his  argument  was  a  strong  one.  He 
made  a  strong  appeal  in  closing,  for  the  life  of  the 
defendant,  and  in  fact,  much  of  his  speech  was  made 
in  the  nature  of  an  appeal  rather  than  an  argument. 

General  Henderson  made  the  closing  argument  for 
the  state.  It  was  looked  to  with  more  than  ordinary 
interest ;  first,  because  of  his  well  known  ability  as  a 
lawyer,  and  second,  because  of  the  character  of  the 
speeches  just  preceding  and  the  bitter  onslaught  made 
on  the  prosecution.  Interest  and  expectation  ran 
high.  No  man  ever  had  a  more  favorable  opportunity 
to  make  a  profound  impression  by  a  speech  than  did 
General  Henderson  at  this  time ;  and  in  this  he  did 


2l6  THE  WHITE -CAPS. 

not  disappoint  his  friends  nor  the  public.  He  was 
equal  to  the  occasion  and  more  than  met  the  expecta- 
tions of  the  most  sanguine.  He  used  the  sword  of 
criticism  with  fine  effect  in  parrying  the  blows  of  the 
enemy.  He  met  and  answered  in  the  most  dignified 
manner  what  he  termed  unfair  and  unjust  attacks 
made  upon  the  officers  of  the  law  and  state  witnesses 
in  the  case.  He  showed  up  the  weakness  of  the 
defense  with  the  skill  and  tact  of  a  true  lawyer  and 
closed  the  case  with  an  appeal  so  powerful  and  effec- 
tive that  it  wrung  tears  from  the  eyes  of  scores  of 
persons  present,  and  as  he  took  his  seat  the  large 
audience  broke  into  cheering  which  had  to  be  sup- 
suppressed  by  the  court  and  his  officers. 

.While  General  Henderson  was  cut  short  in  the 
time  allotted  him  by  some  misunderstanding  of  coun- 
sel for  the  defense,  yet  he  never  made  a  better  speech 
in  his  life,  and  perhaps  never  will  be  able  to  surpass 
it  in  the  future.  It  was  a  great  speech  in  a  great 
law  suit. 

His  Honor,  Judge  Hicks,  gave  his  charge  to  the 
jury  on  Friday  evening,  and  on  Saturday  morning 
about  nine  o'clock  they  reported  a  disagreement.  By 
consent  of  counsel  on  both  sides,  the  court  discharged 
the  jury  and  entered  a  mistrial. 

While  it  is  much  to  be  regretted  that  the  trial  just 
passed  through  did  not  settle  the  case  one  way  or  the 
other,  and  while  the  result  was,  in  our  judgement, 
a  great  disappointment  to  the  general  public  who 
heard  the  trial  and  knew  the  facts,  yet  no  reflection  is 
here  meant  to  be  cast  upon  the  jury  who  tried  the 
case.  The  presumption  is  that  they  acted  from  an 


THE   WHITE- CAPS.  21 J 

honest  and  conscientious  standpoint,  and  this  being 
true  no  one  has  a  right  to  complain. 

It  was  a  great  law  suit  and  a  greet  battle  which  will 
have  to  be  fought  over  again.  The  case  will  stand  for 
trial  at  the  regular  April  term,  1899. 

By  that '  time,  Wyiin  and  Tipton  will  have  been 
hung,  unless  there  should  be  an  additional  postpone- 
ment of  the  day  of  execution.  But  they,  having  once 
been  examined  in  the  case  as  witnesses,  their  evidence 
may  be  reproduced  in  future  trials,  should  they,  in  the 
meantime,  suffer  the  penalty  of  the  law. 

The  public  are  much  interested  in  the  final  result  of 
this  case  and  are  looking  forward  to  it  as  the  last 
chapter  growing  out  of  the  bloody  White- cap  murders 
in  Sevier  county. 

THE  END. 


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•  5  0 


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